Summary
This initial review order from the United States District Court for the District of Idaho addresses a pro se plaintiff’s claim of constitutionally inadequate dental care while incarcerated as a pretrial detainee. After screening the complaint under 28 U.S.C. §§ 1915 and 1915A, the court finds the allegations insufficient to state a cognizable Fourteenth Amendment deliberate indifference claim due to a lack of factual detail regarding the defendant dentist's intent. The court orders the plaintiff to obtain her dental records, file an amended complaint addressing all required legal elements within sixty days, and directs jail administrators to release the requested medical records within thirty days. Failure to comply will result in dismissal without prejudice.
Topics
Practice areas
Questions Presented
- Whether the plaintiff’s complaint states a cognizable claim for unconstitutional inadequate medical care under 42 U.S.C. §1983.
- Whether the complaint should be dismissed for failure to allege sufficient facts to show an objectively unreasonable conduct by the dentist.
Holdings
- Plaintiff must file an amended complaint within sixty (60) days and the jail must provide her dental records within thirty (30) days; failure to do so will result in dismissal of the action without prejudice.
Key quotations
“A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2).” (at 1)
“Plaintiff must submit an amended complaint, consistent with the instructions above, and submit her dental records, within sixty (60) days after entry of this Order.” (at 1)
Factual background
Tisa Adams, a pre‑trial detainee at the Mini‑Cassia Criminal Justice Center, alleges that dentist Wayne J. Wright extracted her tooth and repeatedly performed painful procedures, causing severe pain. She claims the treatment was constitutionally inadequate and seeks relief under the Fourteenth Amendment and 42 U.S.C. §1983.
Procedural history
Plaintiff filed a 42 U.S.C. §1983 complaint alleging inadequate dental care while detained. The district court, acting as screening judge, reviewed the complaint for sufficiency under Rule 8 and 28 U.S.C. §§1915 and 1915A and issued an order directing amendment.