Robert Allan West v. Gustafson, Sgt. Jailer O.1-C. Minnehaha County Jail, individual capacity; and Charge Nurse M2013, RN Nurse M2013 Minnehaha County Jail, individual capacity

Summary

The United States District Court for the District of South Dakota grants Robert Allan West leave to proceed in forma pauperis and waives the initial partial filing fee, while holding that he remains responsible for the full filing fee under the Prison Litigation Reform Act. The court conducts screening under 28 U.S.C. § 1915A and concludes that West plausibly states a Fourteenth Amendment deliberate-indifference claim for damages against Sergeant Gustafson based on alleged delays in obtaining medical care. The opinion also analyzes West’s allegations against Charge Nurse M2013 concerning the evaluation and treatment of his injuries.

Holdings

1. Because West was incarcerated when he filed the action, the Prison Litigation Reform Act required him to remain responsible for the entire filing fee even though he was later released. The court granted in forma pauperis status, waived the initial partial filing fee because he lacked sufficient assets, and ordered collection of the fee pursuant to the statutory installment procedure.
2. West plausibly stated an individual-capacity Fourteenth Amendment deliberate-indifference claim for inadequate medical care against Sergeant Gustafson, and that claim for money damages survived § 1915A screening.
3. West failed to state a Fourteenth Amendment deliberate-indifference claim against Nurse M2013 because the allegations showed, at most, negligence or medical malpractice rather than criminal recklessness or deliberate disregard of a serious medical need. The claim was dismissed without prejudice.
4. West plausibly stated a South Dakota medical-malpractice claim against Nurse M2013, and the claim survived § 1915A screening under the court's supplemental jurisdiction.
5. West's filing did not appear to assert new claims or add parties and therefore was denied as a motion to amend as moot; the court nevertheless considered the attached medical grievances as supplemental materials or attachments to the complaint for screening purposes.

Questions Presented

1. Whether West remained responsible for the full filing fee under the Prison Litigation Reform Act after being released from custody while his in forma pauperis motion was pending.
2. Whether West stated a Fourteenth Amendment deliberate-indifference claim for inadequate medical care against Sergeant Gustafson.
3. Whether West stated a Fourteenth Amendment deliberate-indifference claim against Charge Nurse M2013 based on her examination and alleged failure to diagnose and properly treat his wrist injury.
4. Whether West stated a supplemental South Dakota medical-malpractice claim against Nurse M2013.
5. Whether West's filing of medical grievance documents constituted an amendment or supplementation of his complaint.

Disposition

other