Levon Alls v. Captain Jackson, et al.

Summary

The court conducts screening under 28 U.S.C. § 1915(e)(2)(B) of Levon Alls’s amended prisoner civil-rights complaint. The Eighth Amendment failure-to-protect claim against Captain Jackson in her individual capacity is allowed to proceed, while the deliberate-indifference claim against Jackson, claims against the warden and Georgia Department of Corrections, official-capacity claims, and most claims against unknown defendants are dismissed without prejudice. The court gives Alls 60 days to identify the unknown transport officers and orders service on Captain Jackson.

Holdings

1. Alls plausibly stated an Eighth Amendment failure-to-protect claim because he alleged a substantial risk of serious harm, Captain Jackson's subjective awareness and disregard of that risk, and a causal connection between her conduct and the subsequent attack.
2. The complaint plausibly stated a deliberate-indifference claim against the unknown transport officers, if Alls identifies them, because it alleged an objectively serious medical need, subjective disregard of the risk, and causation.
3. Alls failed to state a deliberate-indifference-to-serious-medical-needs claim against Captain Jackson because the complaint did not allege that she was subjectively aware of his injuries and disregarded them.
4. The description of Does 1 through 10 as unknown correctional officers was insufficiently specific to permit fictitious-party pleading, so Doe defendants not associated with the transport-officer medical claim were dismissed; Alls was given 60 days to identify the unknown transport officers.
5. Alls failed to plausibly state claims against Emmons for failure to protect, delayed emergency response, failure to train, or failure to supervise because he did not allege personal participation, a sufficiently causal connection, actual knowledge of the relevant risk, or a widespread pattern, policy, or custom causing constitutional violations.
6. The claims against the Georgia Department of Corrections and against Captain Jackson and Emmons in their official capacities were barred by Eleventh Amendment sovereign immunity and were dismissed.

Questions Presented

1. Whether Alls plausibly stated an Eighth Amendment failure-to-protect claim against Captain Jackson in her individual capacity.
2. Whether Alls stated a deliberate-indifference-to-serious-medical-needs claim against Captain Jackson and unknown transport officers.
3. Whether the fictitious Doe defendants were described with sufficient specificity to permit pleading against them.
4. Whether Alls plausibly stated supervisory-liability claims against Warden Emmons for failure to protect, delayed emergency response, failure to train, and failure to supervise.
5. Whether the Georgia Department of Corrections and the defendants sued in their official capacities were immune from the asserted § 1983 claims.

Disposition

other