Jerry Davey v. Zorian Trusewych et al.

Summary

The court grants Plaintiff Jerry Davey leave to file an amended complaint and an extension of time, finding that he plausibly alleges Eighth Amendment deliberate-indifference claims against several healthcare defendants and a Monell policy claim against Wexford Health Sources, Inc. The court dismisses several previously named parties who were not included in the amended complaint and denies appointment of counsel without prejudice. The case proceeds to service against the remaining defendants.

Holdings

1. The allegations were sufficient to state Eighth Amendment deliberate-indifference-to-serious-medical-needs claims against Black, Burke, Dixon, and Trusewych, proceeding against those defendants in their individual capacities only.
2. The allegation that Wexford instituted a policy requiring every inmate to attend sick call three times before being referred to a physician was sufficient to state a plausible Monell policy claim against Wexford.
3. Greene, Hughes, and Riggs were dismissed as parties because Plaintiff did not name them or assert claims against them in the amended complaint.
4. The motion for counsel was denied, with leave to renew on a more developed record.

Questions Presented

1. Whether the amended complaint plausibly stated Eighth Amendment deliberate-indifference claims against Black, Burke, Dixon, and Trusewych.
2. Whether the allegation that Wexford required inmates to attend sick call three times before physician referral plausibly stated a Monell policy claim under § 1983.
3. Whether Greene, Hughes, and Riggs should remain parties when they were not named or included in the amended complaint.
4. Whether Plaintiff should receive recruitment of counsel at the early screening stage.

Disposition

other