McCready v. Wellpath, et al.

Summary

The United States District Court for the Eastern District of California screened Casey McCready’s first amended civil-rights complaint concerning involuntary tuberculosis testing and alleged threats involving medication and disability-related shoes. The magistrate judge found that the complaint failed to state a cognizable claim, recommended dismissal with prejudice, and ordered random assignment of a district judge, allowing 14 days for objections.

Holdings

1. The first amended complaint failed to state a cognizable deliberate-indifference claim because Plaintiff alleged that tuberculosis testing was against his wishes but did not allege a substantial risk of harm, actual deprivation of medically necessary medication or shoes, or conduct amounting to more than negligence.
2. The alleged coercion and tuberculosis testing did not state an excessive-force claim because Plaintiff did not allege force applied maliciously and sadistically to cause harm, and he did not allege that the threatened deprivation of medication or shoes actually occurred.
3. Further leave to amend was not warranted because Plaintiff had already been given the relevant legal standards and had been unable to cure the deficiencies, which the Court determined could not be cured.

Questions Presented

1. Whether the first amended complaint plausibly alleged deliberate indifference to medical needs under the Fourteenth Amendment based on involuntary tuberculosis testing and alleged threats concerning medication, medical access, and ADA-approved shoes.
2. Whether the alleged coercion and administration of tuberculosis testing stated an excessive-force claim under the applicable constitutional standard.
3. Whether further leave to amend was warranted after Plaintiff had already amended the complaint.

Disposition

other