Griffin v. Grande, et al.

Summary

In this initial review order under 28 U.S.C. § 1915A, the court permits Chazantine Griffin to proceed with damages claims under the Eighth Amendment concerning unsanitary prison showers and inadequate treatment for an MRSA infection. The court also permits First Amendment retaliation claims against two defendants. Official-capacity claims and requests for injunctive and declaratory relief, along with other claims, are dismissed without prejudice and with leave to amend.

Holdings

1. At the initial-review stage, allegations that prison showers were contaminated with mold, sewage, bodily fluids, mildew, and feces, lacked nonslip mats, and remained unremedied after notice plausibly stated an Eighth Amendment deliberate-indifference claim against Peau, Dougherty, and Oles in their individual capacities.
2. At the initial-review stage, allegations that Grande, Barnes, Mayernik, Valletta, West, Bertocki, Andexler, Prabhakar, Rader, and Sanchez knew of Griffin's serious MRSA infection and failed to provide adequate testing or effective treatment plausibly stated an Eighth Amendment damages claim against them in their individual capacities.
3. The amended complaint plausibly alleged First Amendment retaliation claims against Grande and Barnes in their individual capacities for damages.
4. Official-capacity damages claims were barred by state sovereign immunity, and Griffin's requests for declaratory and injunctive relief were dismissed without prejudice as moot or unsupported by allegations of an ongoing violation after his transfer from Corrigan Correctional Institution.

Questions Presented

1. Whether the amended complaint plausibly alleged an Eighth Amendment conditions-of-confinement claim based on unsanitary and dangerous prison showers.
2. Whether the amended complaint plausibly alleged Eighth Amendment deliberate indifference to serious medical needs based on the defendants' treatment of Griffin's MRSA infection.
3. Whether the amended complaint plausibly alleged First Amendment retaliation claims based on inadequate medical care and a disciplinary ticket issued after protected complaints.
4. Whether Griffin could pursue official-capacity damages claims and prospective injunctive or declaratory relief after his transfer from Corrigan Correctional Institution.

Disposition

other