Benjamin Romero Lemus v. Tor Robinson

Summary

The United States District Court for the Southern District of California screened Benjamin Romero Lemus’s First Amended Complaint under 28 U.S.C. §§ 1915(e)(2) and 1915A(b). The Court found that the complaint plausibly alleged an Eighth Amendment deliberate-indifference claim against Physician’s Assistant Tor Robinson and directed the U.S. Marshal to serve the First Amended Complaint and summons.

Holdings

1. The first amended complaint plausibly alleged that Robinson was deliberately indifferent to Plaintiff’s serious medical need by knowingly disregarding the post-operative instruction that removal of the nasal splint and stitches should be performed at the hospital unless a physician determined that it could safely be done at the prison, and by proceeding despite failed attempts and severe pain.
2. The first amended complaint survived screening because it plausibly stated a claim against Robinson and was not subject to dismissal under 28 U.S.C. §§ 1915(e)(2) or 1915A(b).
3. Because Plaintiff was authorized to proceed in forma pauperis and the amended complaint survived screening, the Court directed the Clerk to issue the summons and ordered the U.S. Marshal to serve Robinson.

Questions Presented

1. Whether the first amended complaint plausibly alleged an objectively serious medical need and deliberate indifference to that need in violation of the Eighth Amendment.
2. Whether the action should proceed past mandatory prisoner and in forma pauperis screening under 28 U.S.C. §§ 1915(e)(2) and 1915A(b).
3. Whether the Court should direct the U.S. Marshal to serve the summons and first amended complaint because Plaintiff was authorized to proceed in forma pauperis.

Disposition

other