Wilkins v. Lugo

Summary

The United States District Court for the Eastern District of California grants Timothy Wilkins's motion to proceed in forma pauperis but dismisses his prisoner civil-rights complaint with leave to amend. The court holds that his Eighth Amendment failure-to-protect claim seeking damages is insufficient because he did not allege a physical injury, and gives him 30 days to file an amended complaint.

Holdings

1. The complaint failed to state a claim for damages because plaintiff alleged no physical injury resulting from the alleged failure to protect.
2. The complaint was dismissed with leave to amend because the deficiencies were not shown to be incapable of correction.
3. Plaintiff's motion to proceed in forma pauperis was granted.

Questions Presented

1. Whether the complaint stated an Eighth Amendment failure-to-protect claim against Officer Lugo.
2. Whether a prisoner may recover damages for alleged mental or emotional injury from an unmaterialized risk of assault without alleging a physical injury.
3. Whether the complaint should be dismissed with or without leave to amend.
4. Whether plaintiff satisfied the requirements for proceeding in forma pauperis.

Disposition

dismissed