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
- 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.
- 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.
- 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
- 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.
- 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.
- 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)
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Court Document
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