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Gardner v. Richie

United States District Court, M.D. Alabama, Northern Division

February 19, 2019

COREY J. GARDNER, #258 425, Plaintiff,
v.
WARDEN RICHIE, et al., Defendants.

          RECOMMENDATION OF THE MAGISTRATE JUDGE

          WALLACE CAPEL, JR. CHIEF UNITED STATES MAGISTRATE JUDGE.

         Plaintiff, an inmate incarcerated at the Donaldson Correctional Facility in Bessemer, Alabama, brings this 42 U.S.C. § 1983 action alleging unconstitutional conditions of confinement and inadequate medical care during his incarceration at the Bullock Correctional Facility. He seeks injunctive relief and damages. Upon review, the court concludes that dismissal of Plaintiff's allegation of inadequate medical care against the medical defendants prior to service of process is appropriate under 28 U.S.C. § 1915(e)(2)(B).[1]

         I. DISCUSSION

         While incarcerated at the Bullock Correctional Facility, Plaintiff maintains five fires were set in September and October of 2018. He complains, in part, he was not provided with proper medical assistance on these occasions. Doc. 14 at 2-3.

         Plaintiff brings his amended complaint against various correctional prison and medical personnel. The medical defendants include Wexford Health Services, Dr. T. Sadik, Nurse Richardson, Nurse, Crawford, and Nurse Taylor. The court considers Plaintiff to allege these defendants are liable under the Eighth Amendment for a denial of proper medical assistance regarding the actions described in his amended complaint.[2]

         “[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.' A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp., v. Twombly, 550 U.S. 554, 570 (2007)). Plaintiff cannot rely on subjective suspicions and unsupported speculation but must provide sufficient facts to show how the conduct or actions of a defendant allegedly violated his constitutional rights.

         Despite providing Plaintiff with multiple opportunities to file an amended complaint specifically describing how the individuals he named as defendants acted to deprive him of his constitutional rights (Docs. 9, 13), a review of Plaintiff's amended complaint reflects a generalized assertion regarding a denial of proper medical assistance unsupported by any specific factual allegations against the named medical defendants. Because Plaintiff's generalized assertion regarding a denial of adequate medical assistance is unsupported by any specific factual allegations, the amended complaint is insufficient to state a claim against the medical defendants under § 1983 and the amended complaint against these defendants is subject to dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii). Neitzke v. Williams, 489 U.S. 319 (1989); see also Estelle v. Gamble, 429 U.S. 97, 104, 105-106 (1976) (to establish claim for deprivation of medical care in a § 1983 action, a prisoner must show that the defendants acted with deliberate indifference to his serious medical needs; mere negligence or a failure to act reasonably is not enough); Mandel v. Doe, 888 F.2d 783, 787-788 (11th Cir. 1989) (mere negligence or medical malpractice “not sufficient” to constitute deliberate indifference).

         II. CONCLUSION

         Accordingly, it is the RECOMMENDATION of the Magistrate Judge that:

1. Plaintiff's Eighth Amendment claim against Defendants Wexford Health Services, Dr. T. Sadik, Nurse Richardson, Nurse Crawford, and Nurse Taylor be DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) for failing to state a claim on which relief may be granted;
2. Defendants Wexford Health Services, Dr. T. Sadik, Nurse Richardson, Nurse Crawford, and Nurse Taylor be terminated as parties to the amended complaint;
3. Plaintiff's amended complaint against Defendants Wexford Health Services, Dr. T. Sadik, Nurse Richardson, Nurse Crawford, and Nurse Taylor be DISMISSED without prejudice to any state law claims for negligence and/or medical malpractice;
4. The amended complaint against the remaining defendants be referred to the undersigned ...

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