Quantrus Terrell Green v. Jennifer Jackson

Summary

This Report and Recommendation addresses a pro se pretrial detainee’s 42 U.S.C. § 1983 claims alleging deliberate indifference to medical needs, including delayed and inadequate treatment for a broken thumb and denial of previously prescribed medication. The magistrate judge recommends dismissal with prejudice as frivolous under 28 U.S.C. § 1915(e), concluding that the allegations show disagreement with medical treatment and, at most, negligence rather than deliberate indifference.

Holdings

1. The allegations did not state a deliberate-indifference claim because Green received repeated examinations, x-rays, medical visits, and pain medication, and his allegations primarily reflected disagreement with the diagnostic measures and treatment provided.
2. The complaint should be dismissed with prejudice as frivolous under 28 U.S.C. § 1915(e).

Questions Presented

1. Whether Green's allegations that jail medical personnel delayed or disagreed with treatment for his broken thumb and failed to provide previously prescribed medication stated a constitutional claim for deliberate indifference to serious medical needs under 42 U.S.C. § 1983.
2. Whether the in forma pauperis complaint should be dismissed as frivolous under 28 U.S.C. § 1915(e).

Disposition

other