Luis Villavicencio-Serna v. Rodney Alford et al.

Summary

The United States District Court for the Central District of Illinois conducts a merit review under 28 U.S.C. § 1915A of Luis Villavicencio-Serna’s prisoner civil-rights complaint. The court permits an Eighth Amendment deliberate-indifference claim to proceed against Alford, Nurse, Rambo, and Doe II, dismisses Doe I, denies the motion for appointed counsel, and directs service procedures.

Holdings

1. The complaint alleges enough facts to proceed with an Eighth Amendment claim for deliberate indifference to serious medical needs against Alford, Doe II, Nurse, and Rambo.
2. The complaint does not state a plausible claim against John Doe I based solely on an employment or supervisory relationship, and Doe I was terminated as a party.
3. The motion for counsel was denied because plaintiff did not meet his threshold burden of showing a reasonable attempt to obtain counsel.

Questions Presented

1. Whether the complaint states a plausible Eighth Amendment deliberate-indifference claim against Alford, Doe II, Nurse, and Rambo.
2. Whether the complaint states a claim against John Doe I based solely on his alleged status as Alford's employer.
3. Whether plaintiff's motion for appointment of counsel should be granted.

Disposition

other