Summary
The United States District Court for the Southern District of Indiana screened Antonio Pettrie’s prisoner civil-rights complaint alleging deliberate indifference to a serious medical need under the Eighth Amendment. The court allowed the damages claim against Nurse Practitioner Campbell to proceed, dismissed the claim against Dr. Byrd, terminated Dr. Byrd as a defendant, and directed service of process on Campbell.
Holdings
- The complaint plausibly alleged that Campbell was deliberately indifferent to Pettrie's serious medical need, so the Eighth Amendment damages claim against Campbell may proceed.
- The complaint failed to state a plausible Eighth Amendment deliberate-indifference claim against Dr. Byrd because it did not allege facts showing that Byrd knew the pinky finger required treatment or was subjectively aware that his conduct would harm Pettrie.
- The court screened the complaint under 28 U.S.C. § 1915A, dismissed all claims other than the Eighth Amendment claim against Campbell, and directed service of process on Campbell.
Questions Presented
- Whether Pettrie's allegations against Nurse Practitioner Campbell plausibly stated an Eighth Amendment deliberate-indifference claim under 42 U.S.C. § 1983.
- Whether Pettrie's allegations against Dr. Byrd plausibly established that Byrd was subjectively aware of and deliberately indifferent to a serious medical need.
- Whether the court should screen and dismiss any other claims under 28 U.S.C. § 1915A.
Disposition
other
Cases Cited (10)
- Schillinger v. Kiley, 954 F.3d 990, 993 (7th Cir. 2020)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Cesal v. Moats, 851 F.3d 714, 720 (7th Cir. 2017)(followed)
- Lisby v. Henderson, 74 F.4th 470, 472 (7th Cir. 2023)(followed)
- Larry v. Goldsmith, 799 F. App'x 413, 416 (7th Cir. 2016)(followed)
- Clancy v. Off. of Foreign Assets Control of U.S. Dep't of Treasury, 559 F.3d 595, 606-07 (7th Cir. 2009)(followed)
- Estelle v. Gamble, 429 U.S. 97, 106 (1976)(followed)
- Farmer v. Brennan, 511 U.S. 825, 837-38 (1994)(followed)
- Johnson v. Dominguez, 5 F.4th 818, 824 (7th Cir. 2021)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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