Christopher McCall v. IDOC Director Bree Derrick, SGT. Mileski, CPL. Norton, and LT. Coffman

Summary

The United States District Court for the District of Idaho conducts initial screening of Christopher McCall’s prisoner civil rights complaint under the Prison Litigation Reform Act. The court permits Eighth Amendment failure-to-protect claims to proceed against Sergeant Mileski, Corporal Norton, and Lieutenant Coffman, while dismissing claims against IDOC Director Bree Derrick. The order also establishes service, amendment, discovery, motion, and filing requirements.

Holdings

1. McCall stated sufficient allegations at the screening stage to proceed on Eighth Amendment failure-to-protect claims against Sergeant Mileski, Corporal Norton, and Lieutenant Coffman.
2. The complaint failed to state sufficient facts supporting injunctive relief against Bree Derrick, and all claims against her were dismissed, subject to amendment if McCall could plead supporting facts.
3. The action could proceed to the next stage against Mileski, Norton, and Coffman, but the screening order did not determine the ultimate merits of those claims.

Questions Presented

1. Whether McCall stated a plausible Eighth Amendment failure-to-protect claim under 42 U.S.C. § 1983 against Sergeant Mileski, Corporal Norton, and Lieutenant Coffman.
2. Whether McCall stated a sufficient claim for injunctive relief against IDOC Director Bree Derrick based on alleged retaliation by IDOC or ISCC officials.
3. Whether the complaint should be allowed to proceed past PLRA screening.

Disposition

other