Summary
This screening order from the U.S. District Court for the Eastern District of Wisconsin addresses a pro se prisoner’s §1983 complaint alleging medical negligence after being administered the wrong medication. The court grants the plaintiff’s motion to proceed in forma pauperis but dismisses the complaint without prejudice because the allegations amount to mere negligence rather than the subjective deliberate indifference required for an Eighth Amendment violation. The plaintiff is granted thirty days to file an amended complaint that adequately pleads plausible factual allegations supporting a constitutional claim.
Topics
Practice areas
Questions Presented
- Whether Malone’s complaint states a plausible 42 U.S.C. §1983 claim under the Eighth Amendment.
- Whether Malone may proceed without prepaying the full filing fee.
Holdings
- The court granted Malone’s motion for leave to proceed without prepaying the filing fee.
- The complaint fails to state a claim because the alleged single medication error does not rise to deliberate indifference and does not involve an objectively serious medical condition.
Key quotations
“To state a claim for relief under 42 U.S.C. §1983, a plaintiff must allege that he or she was deprived of a right secured by the Constitution or the laws of the United States, and that this deprivation occurred at the hands of a person or persons acting under the color of state law.”
“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.”
Factual background
Trayviontae Malone, a prisoner at Milwaukee Secure Detention Facility, alleged that Nurse Kate gave him the wrong medication on November 6, 2024, causing a stomachache and headache. He claimed the nurse knew she made a mistake and that she was deliberately indifferent to his medical condition.
Procedural history
Plaintiff filed a 42 U.S.C. §1983 complaint alleging an Eighth Amendment violation. The court screened the complaint, granted leave to proceed without prepaying the filing fee, and dismissed the complaint for failure to state a claim, giving the plaintiff an opportunity to amend.
Remand instructions
Plaintiff may file an amended complaint that complies with the instructions in this order within 30 days; if an amended complaint is filed, the court will screen it under 28 U.S.C. §1915A. If no amended complaint is filed, the case will be dismissed.