Geovannie Collazo v. Mindi Nurse, et al.

Summary

The court conducted a merit review under 28 U.S.C. § 1915A of Geovannie Collazo’s pro se civil rights complaint arising from an alleged inmate attack and denial of medical treatment. The court allowed Eighth Amendment failure-to-protect and deliberate-indifference claims to proceed against several defendants in their individual capacities, dismissed the inmate assailant as a defendant, and directed service.

Holdings

1. The complaint stated Eighth Amendment failure-to-protect claims against Tyese and Williams in their individual capacities.
2. The complaint stated Eighth Amendment deliberate-indifference claims concerning a serious medical need against Tyese, Williams, Nurse, Doolin, and Norton in their individual capacities.
3. The complaint did not state a § 1983 claim against the inmate who allegedly assaulted Collazo because § 1983 provides a remedy only against state officials.

Questions Presented

1. Whether the complaint stated an Eighth Amendment failure-to-protect claim against Tyese and Williams.
2. Whether the complaint stated Eighth Amendment deliberate-indifference claims concerning a serious medical need against Tyese, Williams, Nurse, Doolin, and Norton.
3. Whether the inmate who allegedly attacked Collazo could be sued under 42 U.S.C. § 1983.

Disposition

other