Grayson v. Lynch

Summary

The United States District Court for the Eastern District of California dismisses Jason Grayson's second amended 42 U.S.C. § 1983 complaint alleging that correctional officer Vang was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The court finds that the allegations do not establish that Vang knew of and disregarded a substantial risk of serious harm. The dismissal is with leave to amend, and Grayson is given thirty days to file a third amended complaint or a notice of voluntary dismissal.

Holdings

1. The second amended complaint failed to state a viable Eighth Amendment claim because it did not allege facts showing that Vang knew plaintiff faced a substantial risk of serious harm and disregarded that risk by failing to take reasonable steps to abate it.
2. The complaint was subject to dismissal for failure to state a claim under 28 U.S.C. § 1915(e), Federal Rule of Civil Procedure 8(a)(2), and the plausibility standards of Twombly and Iqbal.
3. Plaintiff was granted another opportunity to amend his complaint and was required either to file an amended complaint or a notice of voluntary dismissal within thirty days.

Questions Presented

1. Whether the second amended complaint plausibly alleged that defendant Vang was deliberately indifferent to plaintiff's serious medical needs in violation of the Eighth Amendment.
2. Whether the complaint should be dismissed under the prisoner-screening and pleading standards for failure to state a claim.
3. Whether plaintiff should be granted leave to amend.

Disposition

other