Summary
The United States District Court for the Eastern District of Wisconsin grants Andrew Diaz leave to proceed in forma pauperis and screens his § 1983 complaint concerning allegedly inadequate medical care for severe back pain and medication side effects. The court permits an Eighth Amendment deliberate-indifference claim to proceed against Nurse Practitioner Ginger B. Randolph, while dismissing claims against Kristin Vasquez and Robert Miller and terminating Racine Correctional Institution as a defendant. The order directs service on Randolph and addresses collection of the remaining filing fee.
Holdings
- Diaz stated a plausible Eighth Amendment claim against NP Randolph because the allegations that she persisted with a medication known to pose a serious risk, and ignored subsequent reports of serious side effects, required further factual development to determine whether her conduct constituted deliberate indifference.
- Diaz failed to state claims against Vasquez and Miller because the complaint did not allege what either defendant did or failed to do to violate his rights, and supervisory liability cannot be based solely on respondeat superior.
- Racine Correctional Institution cannot be sued under § 1983 because it is not a person within the meaning of the statute.
- Diaz was granted leave to proceed without prepaying the full filing fee, subject to payment of the full fee over time through deductions from his prison trust account.
Questions Presented
- Whether Diaz plausibly stated an Eighth Amendment deliberate-indifference claim against NP Ginger B. Randolph based on her alleged persistence with a medication despite knowledge of serious side effects.
- Whether Diaz stated claims against Kristin Vasquez and Robert Miller based on the allegations in the complaint.
- Whether Racine Correctional Institution is a person subject to suit under 42 U.S.C. § 1983.
- Whether Diaz should be granted leave to proceed without prepaying the full filing fee.
Disposition
other
Cases Cited (9)
- Gabb v. Wexford Health Sources, Inc., 945 F.3d 1027, 1033 (7th Cir. 2019)(followed)
- Pyles v. Fahim, 771 F.3d 403, 408 (7th Cir. 2014)(followed)
- Petties v. Carter, 836 F.3d 722, 727-28 (7th Cir. 2016) (en banc)(followed)
- Whiting v. Wexford Health Sources, Inc., 839 F.3d 658, 662 (7th Cir. 2016)(followed)
- Vance v. Peters, 97 F.3d 987, 992 (7th Cir. 1996)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56, 570 (2007)(followed)
- Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995)(followed)
- Will v. Mich. Dep't of State Police, 491 U.S. 58, 64 (1989)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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