Luis Salazar Juarez v. Sergeant Y. Abdi and Correctional Officer F. Perez

Summary

The United States District Court for the Southern District of California screened a pro se prisoner’s First Amended Complaint under 28 U.S.C. §§ 1915(e)(2) and 1915A(b). The court dismissed the Eighth Amendment claim against Nurse Chernish for failure to plausibly allege deliberate indifference, while allowing the Eighth Amendment excessive-force claim against Sergeant Abdi and Correctional Officer Perez to proceed and directing the U.S. Marshals Service to serve them.

Holdings

1. Allegations that Abdi and Perez held Plaintiff against a hot metal plate without reason or justification, causing severe injuries, plausibly state an Eighth Amendment claim and are sufficient to survive prisoner screening.
2. Plaintiff failed to plausibly allege that Chernish knew of and disregarded a substantial risk of serious harm; allegations of inadequate, negligent, or medically disputed treatment did not state an Eighth Amendment claim.
3. Because the First Amended Complaint plausibly stated an Eighth Amendment claim against Abdi and Perez and Plaintiff was proceeding in forma pauperis, the Court directed the U.S. Marshal Service to issue and serve the summons and First Amended Complaint.

Questions Presented

1. Whether Plaintiff’s allegations that Abdi and Perez pinned him against a hot metal plate without justification plausibly state an Eighth Amendment excessive-force claim sufficient to survive screening under 28 U.S.C. §§ 1915(e)(2) and 1915A(b).
2. Whether Plaintiff’s allegations that Nurse Chernish inadequately treated and documented his burns plausibly state an Eighth Amendment deliberate-indifference claim.
3. Whether the Court should dismiss the claim against Chernish without granting another opportunity to amend and direct service of the First Amended Complaint on Abdi and Perez.

Disposition

other