Summary
This United States District Court order adopts a magistrate judge’s partial recommended disposition in a prisoner civil rights action brought under 42 U.S.C. § 1983. The court dismisses all claims without prejudice except for plaintiff’s inadequate medical care claim against defendant officer West in his individual capacity. The court further explains that damages claims against state officials in their official capacities are not viable under § 1983 and certifies that an in forma pauperis appeal would not be taken in good faith.
Topics
Practice areas
Questions Presented
- Whether the magistrate judge's Partial Recommended Disposition should be adopted after de novo review.
- Whether Plaintiff stated a § 1983 claim for inadequate medical care against Defendant West in his individual capacity.
- Whether the remaining claims, including official-capacity damages claims, stated a claim upon which relief could be granted.
Holdings
- The district court approved and adopted the magistrate judge's Partial Recommended Disposition as its findings and conclusions in all respects.
- Plaintiff may proceed, for now, with his inadequate-medical-care claim against Defendant West in his individual capacity only.
- A § 1983 damages claim against a state official in an official capacity is not viable because a state is not a person for purposes of § 1983.
- All claims other than the individual-capacity inadequate-medical-care claim were dismissed without prejudice for failure to state a claim upon which relief may be granted.
Key quotations
“Accordingly, Plaintiff may proceed, for now, with his inadequate medical care claim against Defendant West in his individual capacity only. All other claims are DISMISSED without prejudice for failure to state a claim upon which relief may be granted.”
“With respect to the official capacity claim(s), the Court additionally notes that § 1983 damages claims are not viable because a state is not a “person” for purposes of § 1983.”
Factual background
The opinion identifies Plaintiff Latravion Bell as an Arkansas Department of Correction prisoner and Defendant A. West as a corporal. Bell asserted claims arising from alleged inadequate medical care and other unspecified conduct. The court permitted the inadequate-medical-care claim against West in his individual capacity to proceed but dismissed the remaining claims without prejudice for failure to state a claim.
Procedural history
Plaintiff brought claims under 42 U.S.C. § 1983 against Corporal A. West. Magistrate Judge Joe J. Volpe issued a Partial Recommended Disposition. No objections were filed, and the district court conducted a de novo review, approved and adopted the recommendation, allowed the individual-capacity inadequate-medical-care claim to proceed, and dismissed all other claims without prejudice.