Timothy Trejo-Vigil v. SCDC/Various, Stephen Duncan, Devine Carter, Major Hinghun, Imani Harrison, Andrews, Brown, Jones

Summary

This Report and Recommendation addresses a pro se prisoner’s 42 U.S.C. § 1983 action alleging threats, assaults, sexual abuse, failure to protect, denial of medical care, and excessive force. The magistrate judge recommends dismissal under Federal Rule of Civil Procedure 41(b) for failure to prosecute and comply with court orders, or alternatively for failure to state a claim, without further leave to amend or issuance and service of process.

Holdings

1. Dismissal under Rule 41(b) is appropriate where plaintiff, after being warned that failure to comply with court orders could result in dismissal, failed to file an amended complaint by the deadline and failed to provide the court with an updated address, demonstrating abandonment of the case.
2. The complaint fails to state a § 1983 claim based on supervisory liability because plaintiff did not allege that supervisory defendants had actual or constructive knowledge of subordinates' pervasive unconstitutional conduct, that their response showed deliberate indifference, or that there was an affirmative causal link between inaction and the injury.
3. The complaint fails to state a claim for deliberate indifference to serious medical needs because plaintiff made only conclusory allegations without identifying any individual responsible for medical care or providing sufficient factual matter to support a plausible claim.

Questions Presented

1. Whether the action should be dismissed under Rule 41(b) for failure to prosecute due to plaintiff's failure to file an amended complaint or keep the court informed of his address.
2. Whether the complaint states a plausible § 1983 claim for relief, including claims based on supervisory liability and deliberate indifference to serious medical needs.

Disposition

dismissed