Mark A. Swift v. PrimeCare, Inc., et al.

Summary

The United States District Court for the Middle District of Pennsylvania screens Mark A. Swift’s pro se 42 U.S.C. § 1983 complaint alleging inadequate medical care while detained at York County Prison. The court permits a Fourteenth Amendment medical-care claim to proceed against Nurse Katelyn, dismisses the remaining claims, and denies without prejudice the requests for appointed counsel and preliminary injunctive relief.

Holdings

1. The complaint plausibly stated a Fourteenth Amendment claim against Nurse Katelyn because it alleged a serious medical need, deliberate indifference through denial or prevention of medical treatment, and resulting harm.
2. The complaint did not state viable § 1983 claims against PrimeCare, the supervisory defendants, or the unidentified defendants.
3. Swift was not entitled to appointed counsel at this stage, and his motion was denied without prejudice.
4. Swift was not entitled to a preliminary injunction concerning the alleged housing dispute, and the motion was denied without prejudice.

Questions Presented

1. Whether Swift plausibly stated a Fourteenth Amendment claim for deliberate indifference to serious medical needs against Nurse Katelyn.
2. Whether the complaint stated a § 1983 claim against PrimeCare, Inc., supervisory defendants, and unidentified defendants.
3. Whether Swift was entitled to appointment of counsel at the preliminary stage of the civil action.
4. Whether Swift was entitled to preliminary injunctive relief concerning an alleged housing dispute with a correctional officer.

Disposition

other