Judge throws out lawsuit filed by former inmate at Topeka Correctional Facility
A federal judge has thrown out a lawsuit by former Topeka Correctional Facility inmate Katelynn Fowler, who said she was denied access to showers after working for hours in a rat-infested kitchen that had backed-up plumbing.
In an order issued Oct. 6, U.S. District Judge John W. Lungstrum had given Fowler until Nov. 6 to file an amended complaint fixing deficiencies he found with her original complaint.
Saying the time period Fowler had been given to file an amended complaint had ended without her doing so, Lungstrum issued an order Tuesday that consequently dismissed her suit without prejudice, meaning it could potentially be re-filed.
Lungstrum's order said the suit was dismissed for failure to state a claim on which relief can be granted and, in the alternative, for failure to comply with a court order.
When asked if the Kansas Department of Corrections wanted to say anything publicly about the order, KDOC spokesman David Thompson said that department does not comment about litigation.
Here's what Katelynn Fowler alleged in lawsuit
Named as plaintiffs in Fowler's suit were Topeka Correctional Facility, 815 S.E. Rice Road, and an employee there identified only as "First Sgt. Clark."
Fowler, 23, was released Oct. 13 on parole to live in Douglas County after serving time at Topeka Correctional for drug crimes, aggravated escape from custody and falsely reporting a crime, committed in Ellis and Phillips counties, Kansas Department of Corrections records said.
Fowler asked for damages totaling $2 million in the suit she filed Oct. 2 while acting as her own attorney.
Allegations she made included the following:
• The TCF kitchen where she worked daily was infested with rats and bugs, and the kitchen sink was backed up. The trays had feces on them but hadn't been sent to be decontaminated.
• Clark twice denied Fowler access to a shower after her shift, instead forcing her to wash up using her cell's sink in front of her cellmate, which Fowler said amounted to cruel and unusual punishment.
What could Fowler have done to keep her suit alive?
Lungstrum's Oct. 6 order outlined reasons he intended to dismiss Fowler's lawsuit if she didn't fix deficiencies he found with it.
He said Fowler wasn't eligible for monetary damages or punitive damages, and had failed to adequately identify each specific constitutional provision or law she thought was violated.
Lungstrum's Oct. 6 order outlined steps Fowler needed to take to submit an amended complaint that he wouldn't dismiss.
Those included clearly identifying the constitutional provisions or laws Fowler thought were violated, and putting forth sufficient facts demonstrating how each defendant was responsible for those, including dates, locations and circumstances.
Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.
This article originally appeared on Topeka Capital-Journal: Former Topeka Correctional Facility inmate's lawsuit is dismissed
