Francisco Contreras v. Centurion Health

No. 1:25-cv-01278-JRO-TAB (S.D. Ind. May 19, 2026) · United States District Court for the Southern District of Indiana · May 19, 2026 · No. 1:25-cv-01278-JRO-TAB

Summary

The United States District Court for the Southern District of Indiana dismissed Francisco Contreras's Second Amended Complaint alleging deliberate indifference to a painful hernia under the Eighth Amendment and 42 U.S.C. § 1983. The court found that Contreras failed to allege specific personal involvement by the defendants or sufficient facts showing subjective deliberate indifference. The court granted one final opportunity to file a Third Amended Complaint by June 20, 2026.

Holdings

  1. The Second Amended Complaint failed to state a claim because it did not allege specific actions or omissions by any particular defendant establishing personal involvement in the alleged denial of medical care.
  2. The complaint sufficiently alleged an objectively serious medical condition but failed to plausibly allege that any individual defendant was subjectively deliberately indifferent to that condition.
  3. The court granted Contreras one final opportunity to amend because he was proceeding pro se and the court concluded that amendment might permit a viable claim to be stated.

Questions Presented

  1. Whether the Second Amended Complaint stated a claim under 42 U.S.C. § 1983 against the individual defendants by alleging their personal involvement in the denial of medical care.
  2. Whether the Second Amended Complaint plausibly alleged that the individual defendants were deliberately indifferent to Contreras's serious medical needs in violation of the Eighth Amendment.
  3. Whether Contreras should receive another opportunity to amend his complaint after dismissal under the prison-litigation screening statute.

Disposition

other

Cases Cited (15)

  • Schillinger v. Kiley, 954 F.3d 990, 993 (7th Cir. 2020)(followed)
  • Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 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)
  • Colbert v. City of Chicago, 851 F.3d 649, 657 (7th Cir. 2017)(followed)
  • Gonzalez v. McHenry County, 40 F.4th 824, 828 (7th Cir. 2022)(followed)
  • Kemp v. Fulton County, 27 F.4th 491, 498 (7th Cir. 2022)(followed)
  • Estelle v. Gamble, 429 U.S. 97, 106 (1976)(followed)
  • Johnson v. Dominguez, 5 F.4th 818, 824 (7th Cir. 2021)(followed)

Showing top 10 of 15.

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