Rosner v. Wellpath

Summary

The United States District Court for the Eastern District of California screened Jessie Rosner’s pro se 42 U.S.C. § 1983 complaint concerning the denial of prescribed medication while detained at the Madera County Jail. The court found that the complaint failed to state a cognizable claim against Wellpath or the individual defendants. Because Rosner failed to file an amended complaint or respond to orders to show cause, the magistrate judge recommended dismissal for failure to obey court orders, failure to prosecute, and failure to state a claim, and directed the clerk to randomly assign a district judge.

Holdings

1. The complaint failed to state a cognizable Monell claim against Wellpath because plaintiff did not allege that a Wellpath policy or custom caused the medication denial and reflected deliberate indifference.
2. The complaint failed to state a cognizable Fourteenth Amendment medical-care claim because it alleged only a disagreement with medical judgment and lacked sufficient facts concerning the medication denial, its duration, and specific resulting harm.
3. Dismissal was warranted because plaintiff failed to file an amended complaint, failed to respond to an order to show cause, failed to prosecute, and had been warned that noncompliance could result in dismissal.

Questions Presented

1. Whether the complaint stated a cognizable § 1983 claim against Wellpath based on an allegedly unconstitutional policy or custom.
2. Whether the allegations stated a Fourteenth Amendment deliberate-indifference claim based on denial or delay of prescribed medication.
3. Whether dismissal was warranted because plaintiff failed to obey orders to file an amended complaint and failed to prosecute the action.

Disposition

other