Summary
The United States District Court for the Eastern District of California screened Kenneth Wayne Blanton’s amended 42 U.S.C. § 1983 complaint concerning a dentist’s alleged breaking of his tooth during a dental appointment. The court allowed the Fourteenth Amendment medical-care claim against Henry D. Fajardo to proceed and directed the Clerk to terminate former defendants Tyson Pogue and B. Mendoza from the docket.
Holdings
- Liberally construed for screening purposes, the amended complaint stated a claim that Defendant Fajardo violated Plaintiff's Fourteenth Amendment right to adequate medical care by breaking Plaintiff's tooth during a dental appointment.
- The amended complaint's sole claim against Fajardo should proceed past screening, and the court would authorize service of process in due course.
Questions Presented
- Whether the amended complaint plausibly stated a Fourteenth Amendment claim for inadequate medical care by a pretrial detainee against an individual defendant.
- Whether the amended complaint should proceed past statutory screening under 28 U.S.C. §§ 1915 and 1915A.
Disposition
other
Cases Cited (9)
- Gordon v. County of Orange, 888 F.3d 1118, 1125 n.4 (9th Cir. 2018)(followed)
- Castro, 833 F.3d at 1070-71(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 570 (2007)(followed)
- Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009)(followed)
- Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010)(followed)
- Kingsley, 135 S. Ct. at 2473(followed)
- Graham v. Connor, 490 U.S. 386, 396 (1989)(followed)
- Daniels, 474 U.S. at 330-31(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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