Summary
The United States District Court for the Eastern District of California screened Deshawn Leavell Green’s first amended complaint under 28 U.S.C. § 1915A. The court dismissed the complaint with leave to amend because High Desert State Prison is not a proper defendant under 42 U.S.C. § 1983 and the pleading did not state an Eighth Amendment deliberate-indifference claim.
Court
United States District Court for the Eastern District of California
Jurisdiction
United States District Court for the Eastern District of California
Decision date
March 28, 2025
Docket number
2:23-cv-2243 KJM SCR P
Disposition
dismissed
Questions Presented
- Whether High Desert State Prison is a suable person or entity under 42 U.S.C. § 1983.
- Whether the first amended complaint plausibly alleged an Eighth Amendment deliberate-indifference claim concerning plaintiff’s medical needs.
- Whether the first amended complaint should be dismissed at screening under 28 U.S.C. § 1915A, with leave to amend.
Holdings
- A state prison is not a person within the meaning of 42 U.S.C. § 1983 and therefore is not an appropriate defendant in a § 1983 action.
- The first amended complaint failed to state a cognizable Eighth Amendment deliberate-indifference claim because it did not identify an individual defendant or allege facts showing that any person purposefully failed to respond to a serious medical need with the required subjective deliberate indifference.
- The first amended complaint was dismissed at screening because it failed to state a claim upon which relief could be granted, but plaintiff was granted leave to file a second amended complaint within sixty days.
Court Document
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