Jeffrey L. Smith v. John/Jane Does, et al.

Summary

The United States District Court for the Central District of Illinois dismissed Jeffrey L. Smith’s pro se Section 1983 complaint without prejudice under Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915A. The court held that HIPAA does not provide a private right of action and that negligence or medical malpractice allegations did not state a constitutional claim, while noting the requirements for an Illinois medical malpractice claim. The court granted Plaintiff 30 days to file a complete amended complaint and directed the Clerk to provide a Section 1983 complaint form.

Holdings

1. HIPAA does not provide a private right of action, so alleged HIPAA violations did not state a viable claim.
2. Negligence, including gross negligence, is insufficient to support a § 1983 claim.
3. A medical-malpractice claim under Illinois law requires compliance with the Illinois Healing Arts Malpractice statute, including an affidavit and certificate of merit.
4. The complaint failed to state a claim for relief and was dismissed without prejudice, with a final opportunity to amend.

Questions Presented

1. Whether the complaint stated a viable § 1983 claim based on alleged HIPAA or confidentiality violations.
2. Whether allegations of negligence or gross negligence were sufficient to state a claim under § 1983.
3. Whether the complaint stated a medical-malpractice claim without compliance with the Illinois Healing Arts Malpractice statute.
4. Whether the complaint should be dismissed under Rule 12(b)(6) and 28 U.S.C. § 1915A.

Disposition

dismissed