Summary
This United States District Court order grants the pro se plaintiff's application to proceed in forma pauperis and subsequently dismisses his complaint after screening pursuant to 28 U.S.C. § 1915(e). The plaintiff alleged that prison officials violated his Eighth, Ninth, and Fourteenth Amendment rights by relaxing social distancing protocols at a correctional facility during the COVID-19 pandemic. The court found the Eighth Amendment claim lacked factual support regarding deliberate indifference or physical injury, deemed the Ninth Amendment claim meritless as it does not independently secure constitutional rights, and concluded the Fourteenth Amendment substantive due process claim was preempted by the Eighth Amendment. Accordingly, the complaint was dismissed without leave to amend, and the court certified that an appeal could not be taken in good faith.
Topics
Practice areas
Questions Presented
- Whether the plaintiff's Eighth Amendment claim states a claim under the deliberate‑indifference standard.
- Whether the plaintiff's Ninth Amendment claim is cognizable as a civil‑rights action.
- Whether the plaintiff's Fourteenth Amendment substantive due‑process claim states a claim.
- Whether the complaint must be dismissed under 28 U.S.C. §1915(e)(2)(B).
Holdings
- The complaint fails to state an Eighth Amendment claim because the plaintiff did not show a substantial risk of serious harm and did not allege deliberate indifference.
- The Ninth Amendment claim is meritless because the Ninth Amendment does not independently secure a civil‑rights cause of action.
- The Fourteenth Amendment substantive due‑process claim fails to state a claim because the alleged conduct does not rise to a level that shocks the conscience.
- The complaint is dismissed because it fails to state a claim upon which relief may be granted.
Key quotations
“A complaint may be dismissed as frivolous “where it lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989).” (at 1)
“The Eighth Amendment, as made applicable to states through the Fourteenth Amendment, prohibits the infliction of “cruel and unusual punishments” against prisoners.” (at 2)
Factual background
Demetrece R. Welch, while incarcerated at the G. Robert Cotton Correctional Facility in Jackson, Michigan during the COVID‑19 pandemic, alleged that MDOC officials terminated social‑distancing protocols in June 2022, exposing him to health risks. He asserted violations of the Eighth, Ninth, and Fourteenth Amendments.
Procedural history
Plaintiff filed a pro se §1983 complaint and a motion to proceed in forma pauperis. The court granted the motion and, after review under 28 U.S.C. §1915(e), dismissed the complaint for failure to state a claim.