Joshua John Nelson v. Correctional Medical Management; Mental Health Correctional Officers; and Minnehaha County Jail Medical Staff, in their individual and official capacities

Summary

The United States District Court for the District of South Dakota grants Joshua John Nelson leave to proceed in forma pauperis and orders installment payments toward the filing fee. On screening under 28 U.S.C. § 1915A, the court dismisses without prejudice Nelson’s claims against Correctional Medical Management, Minnehaha County Jail, unidentified jail personnel, and Minnehaha County for failure to state a claim. The court also directs the institution holding Nelson in custody to forward qualifying monthly payments toward the filing fee.

Holdings

1. Nelson was granted leave to proceed in forma pauperis, and the court waived the initial partial filing fee because his account balance was insufficient to pay it; he remained responsible for the full filing fee through the PLRA installment process.
2. The entire complaint was subject to screening under § 1915A because it sought redress from employees of a governmental entity, and the presence of a private medical contractor did not prevent screening of the whole complaint.
3. The § 1983 claims against Correctional Medical Management were dismissed without prejudice because the complaint alleged no personal involvement by CMM or its agents and did not allege an unconstitutional policy or custom causing the injury.
4. The claims against Minnehaha County Jail were dismissed without prejudice because a county jail is not a legal entity subject to suit under § 1983.
5. The individual-capacity claims against unnamed medical staff, mental-health correctional officers, and correctional officers were dismissed without prejudice because Nelson did not identify the individuals or allege which person personally participated in the asserted violations.
6. The official-capacity § 1983 claims were dismissed without prejudice because Nelson did not allege that a Minnehaha County policy or custom caused the alleged constitutional violations.
7. The state-law negligence and malpractice claims against CMM and, to the extent asserted, Minnehaha County, were dismissed without prejudice because Nelson failed to identify the provider, the essential facts or equipment allegedly omitted or unavailable, the applicable breach, or how the conduct caused injury.

Questions Presented

1. Whether Nelson was entitled to proceed in forma pauperis and whether the initial partial filing fee could be waived under the PLRA.
2. Whether the complaint stated a plausible § 1983 claim against Correctional Medical Management without allegations of personal involvement or an unconstitutional policy or custom.
3. Whether Minnehaha County Jail was a suable entity under § 1983.
4. Whether claims against unnamed jail medical staff, mental-health correctional officers, and correctional officers in their individual capacities stated a claim when no individuals were identified or linked to particular conduct.
5. Whether official-capacity claims stated a § 1983 claim against Minnehaha County absent allegations that a county policy or custom caused the alleged constitutional violations.
6. Whether Nelson stated a state-law medical-negligence or malpractice claim against Correctional Medical Management or Minnehaha County.

Disposition

other