Summary
The United States District Court for the Central District of Illinois screened Derrick Stephen Walker’s amended complaint concerning alleged delays in medication-assisted treatment and medical care for abnormal EKG results while incarcerated at FCI Pekin. The court granted leave to amend but dismissed the amended pleading under 28 U.S.C. § 1915A(b)(1) for failure to state a plausible federal claim, while granting leave to file a second amended pleading. The court also deemed the renewed in forma pauperis petition moot and left the motion for counsel pending.
Topics
Practice areas
Questions Presented
- Whether Plaintiff's amended complaint stated a plausible Bivens claim for constitutional violations arising from alleged delays or failures in medical treatment.
- Whether the amended complaint adequately alleged each defendant's personal responsibility for the claimed constitutional deprivations.
- Whether Plaintiff should be granted leave to file a second amended complaint after dismissal under 28 U.S.C. § 1915A.
Holdings
- The amended complaint failed to state a plausible federal claim because its allegations did not establish a constitutional violation or identify facts connecting any named defendant to the alleged denial or delay of medical treatment.
- A complaint seeking damages for constitutional violations must specify the constitutional violation, when it occurred, and the defendant or defendants personally involved in the deprivation.
- The court granted Plaintiff a final opportunity to file a second amended pleading within thirty days, subject to compliance with the court's instructions.
Key quotations
“The Supreme Court has since “made clear that expanding the Bivens remedy is now a ‘disfavored’ judicial activity[,]” which the Supreme Court has refused to extend for decades.”
“Consequently, Plaintiff’s amended pleading is dismissed because it fails to state a plausible claim for relief.”
“If Plaintiff does not file an amendment on or before the deadline established or fails to comply with the provided instructions, the Court will dismiss Plaintiff’s case without prejudice.”
Factual background
Plaintiff, a federal inmate at FCI Pekin, alleged delays in receiving medication-assisted treatment for opioid use disorder and delays in responding to abnormal electrocardiograms. A physician ordered medical clearance and placement on a priority list for the treatment program, and later an abnormal EKG led to a cardiology consultation. Plaintiff's amended complaint did not identify a specific defendant who personally failed to provide treatment; it alleged that Defendant Schumm referred him for an off-site cardiology evaluation after a second abnormal EKG.
Procedural history
Plaintiff initially alleged delays in receiving medication-assisted treatment for opioid use disorder, and the court dismissed the initial complaint while allowing thirty days to amend. Plaintiff timely filed an amended complaint and moved for leave to file it, to proceed in forma pauperis, and for appointment of counsel. The court granted leave to amend but dismissed the amended pleading under 28 U.S.C. § 1915A(b)(1) for failure to state a federal claim, while granting a final thirty-day opportunity to file a second amended pleading.