Brett Fontenelle v. Gerald Turlich, Jr. et al.

United States District Court for the Eastern District of Louisiana · April 16, 2026 · No. 25-1070

Summary

The United States District Court for the Eastern District of Louisiana granted defendants’ Federal Rule of Civil Procedure 12(b)(6) motion to dismiss Brett Fontenelle’s 42 U.S.C. § 1983 claims concerning alleged inadequate medical care during detention. The court concluded that the allegations showed, at most, a disagreement over medical treatment and did not establish deliberate indifference, and dismissed the claims with prejudice.

Holdings

  1. The court could consider medical records and intake forms attached to the motion to dismiss because the pleadings referred to them and they were central to the plaintiff's claims.
  2. Fontenelle's allegations did not plausibly establish deliberate indifference because the allegations showed, at most, a disagreement over the nature and timing of his medical treatment, while the records showed screening, monitoring, examination, medication, and efforts to obtain appropriate treatment. The Section 1983 medical-care claims were therefore dismissed with prejudice.

Questions Presented

  1. Whether the complaint plausibly alleged that defendants were deliberately indifferent to Fontenelle's serious medical needs in violation of 42 U.S.C. § 1983.
  2. Whether the court could consider medical records and intake forms attached to the motion to dismiss because the pleadings referred to them and they were central to Fontenelle's claims.

Disposition

dismissed

Cases Cited (13)

  • Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)(applied)
  • Cuvillier v. Taylor, 503 F.3d 397, 401 (5th Cir. 2007)(applied)
  • Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009)(applied)
  • Kennedy v. Chase Manhattan Bank USA, NA, 369 F.3d 833, 839 (5th Cir. 2004)(applied)
  • Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498 (5th Cir. 2000)(applied)
  • Carter v. Target Corp, 541 Fed. Appx. 413, 416 (5th Cir. 2013)(applied)
  • Hall v. Hodgkins, 305 F. App'x 224, 227 (5th Cir. 2008)(applied)
  • Lovelace v. Software Spectrum, Inc., 78 F.3d 1015, 1017-18 (5th Cir. 1996)(applied)
  • Gobert v. Caldwell, 463 F.3d 339 (5th Cir. 2006)(applied)
  • Banuelos v. McFarland, 41 F.3d 232, 235 (5th Cir. 1995)(applied)

Showing top 10 of 13.

Cited In (0)

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