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Gross v. Kochinowski

United States District Court, District of Kansas

January 7, 2014

GLEN KOCHINOWSKI, Sheriff, Saline County, et al., Defendants.


Sam A. Crow U.S. Senior District Judge

This pro se civil rights complaint was filed pursuant to 42 U.S.C. § 1983 by an inmate of the Saline County Jail, Salina, Kansas. The filing fees were paid in full. On December 18, 2013, the court entered an Order screening the complaint and finding deficiencies which were discussed therein. Plaintiff was given time to cure the deficiencies. In response, plaintiff has filed an “Addendum to Cause of Action.” Having considered this pleading, the court finds as follows.


In order to add claims, significant fact allegations, or to change defendants, the plaintiff must submit a complete Amended Complaint. See Federal Rules Civil Procedure, Rule 15. An Amended Complaint is not filed by simply submitting an addendum that adds allegations or claims and refers back to the original complaint. Instead, an Amended Complaint supersedes the original complaint, and the original complaint is no longer considered by the court. It necessarily follows that the Amended Complaint must contain all allegations and claims the plaintiff intends to pursue in the action, including all those to be retained from the original complaint. Any allegations or claims not included in the Amended Complaint are no longer before the court. All defendants must be named in the caption of the Amended Complaint and “et al” following the name of one of multiple defendants is not sufficient. Each defendant must be referred to again in the body of the Amended Complaint along with facts describing each defendant’s personal participation. Mr. Gross is required to file an Amended Complaint. He must write the number of this case (13-3197) at the top of the first page of his Amended Complaint. The Amended Complaint must be submitted upon court-approved forms.


In his Amended Complaint, Mr. Gross must present his claim of denial of necessary medication and medical treatment only. The other claims in his original complaint are hereby dismissed, without prejudice, because they are not properly joined in a single complaint with his medical claims against defendant Beth Komarek. Plaintiff’s claim of denial of bond release based on acts taken by an unnamed female guard are not related to his medical claims and are not based upon acts taken by defendant Komarek.[1] Likewise, plaintiff’s claims that he has been subjected to excessive force and inhumane conditions[2] other than denial of medical treatment are unrelated to his medical claim and do not allege involvement on the part of defendant Komarek.[3]

Because all non-medical claims are dismissed, this action is dismissed as against all defendants named herein that were not involved in the alleged denial of medical treatment. Accordingly, this action is dismissed as against all defendants other than Beth Komarek.

In order to proceed upon claims of excessive force and other non-medical jail conditions, Mr. Gross will have to file a separate lawsuit.[4] He must follow the joinder rules in any other lawsuit that he may file. The allegations and claims in the Addendum are not related to plaintiff’s medical claims and are no longer relevant. Accordingly, they will not be considered further in this action.[5]

IT IS THEREFORE ORDERED that this action may proceed only upon plaintiff’s Eighth Amendment claim of denial of medical treatment, and that all other claims in the original complaint are dismissed, without prejudice.

IT IS FURTHER ORDERED that this action is dismissed and all relief is denied, without prejudice, as against the following defendants: Glen Kochinowski, Soldan, Shea, Sutton, Bett, Haaga, Reece, Wallace, Redmond, Brenda Herring, A. Jackson, Roehn, Black, Kindlesparger, Shiever, and Tina Miller.

IT IS FURTHER ORDERED that plaintiff is required to file a complete Amended Complaint upon court-provided forms and that the Amended Complaint is to be limited to his claim of denial of medical treatment against defendant Beth Komarek.

The clerk is directed to send plaintiff 1983 forms for use in filing his Amended Complaint.


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