Rodriguez-Mendez v. Ellred, et al.

Summary

The United States District Court for the Eastern District of California screens a prisoner’s first amended Bivens complaint alleging excessive force and deliberate indifference to serious medical needs. The court finds cognizable excessive-force claims against five correctional defendants but recommends dismissing the medical deliberate-indifference claim against Defendant Ellred with prejudice.

Holdings

1. The first amended complaint stated cognizable excessive-force claims against Kerney, Fox, Birtwell, Peterson, and Waurbaug arising from the events of March 17, 2022.
2. The amended complaint failed to state a cognizable Eighth Amendment medical deliberate-indifference claim against Ellred.
3. The court recommended that Ellred be dismissed with prejudice for failure to state a claim upon which relief could be granted.

Questions Presented

1. Whether the first amended complaint stated cognizable Eighth Amendment excessive-force claims against Kerney, Birtwell, Fox, Peterson, and Waurbaug.
2. Whether the first amended complaint stated a cognizable Eighth Amendment medical deliberate-indifference claim against physician Ellred.
3. Whether Ellred should be dismissed with prejudice for failure to state a claim under 28 U.S.C. § 1915A.

Disposition

other