Summary
The United States District Court for the Northern District of Indiana found that Phillip DeShawn Laster’s prisoner complaint alleging denial of asthma medication failed to state a claim under 28 U.S.C. § 1915A. The court granted him until April 14, 2026, to file an amended complaint and cautioned that the case would otherwise be dismissed without further notice.
Holdings
- The complaint failed to state a claim for which relief could be granted because it did not allege sufficient factual matter to make the defendant's liability for the alleged denial of medical treatment plausible.
- The plaintiff was granted leave to file an amended complaint because the defect might be curable and amendment was not shown to be futile at this early stage.
Questions Presented
- Whether the prisoner complaint stated a plausible claim for constitutionally inadequate medical treatment under the pleading standard applied during screening under 28 U.S.C. § 1915A.
- Whether the pro se plaintiff should be allowed to amend the deficient complaint rather than have the action dismissed immediately.
Disposition
other
Cases Cited (5)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007)(applied)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-556, 570 (2007)(applied)
- Ashcroft v. Iqbal, 556 U.S. 662, 678-679 (2009)(applied)
- Swanson v. Citibank, N.A., 614 F.3d 400, 403 (7th Cir. 2010)(applied)
- Abu-Shawish v. United States, 898 F.3d 726, 738 (7th Cir. 2018)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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