Summary
This Memorandum Order from the U.S. District Court for the Western District of Louisiana addresses a pro se prisoner’s civil rights complaint alleging excessive force and failure to provide medical care under 42 U.S.C. § 1983. The court notes that the plaintiff failed to allege any physical injury or request for medical treatment, which are required to state a claim under the Prison Litigation Reform Act and Eighth Amendment jurisprudence. However, rather than dismissing the case outright, the magistrate judge grants the plaintiff leave to amend his complaint within 30 days to clarify the nature of any injuries sustained and detail his requests for medical care.
Topics
Practice areas
Questions Presented
- Whether the plaintiff may amend his §1983 complaint to allege injury and request medical treatment.
Holdings
- The court ordered that the plaintiff be given 30 days from the date of the order to amend the complaint.
Key quotations
“IT IS ORDERED that he be provided 30 days from the date of this Order within which to AMEND the Complaint.”
Factual background
On June 6, 2024, inmate Keith Gerald alleges that Warden Christopher Goad pulled him from a chair, threatened him, rammed his head against a wall, and threw him down a hallway at the Concordia Parish Correctional Center.
Procedural history
Plaintiff filed complaint alleging excessive force; court considered motion to dismiss and, citing authority, granted plaintiff opportunity to amend the complaint.
Remand instructions
Plaintiff may amend the complaint within 30 days of the order date.