Antonio McClain v. Nina Burgent

McClain v. Burgent · United States District Court for the Western District of Washington · January 20, 2026 · No. 2:25-cv-02004-TL

Summary

The United States District Court for the Western District of Washington dismissed Antonio McClain’s 42 U.S.C. § 1983 complaint without prejudice for failure to state a plausible claim under 28 U.S.C. § 1915(e)(2)(B)(ii). The court found insufficient factual detail supporting claims concerning alleged medical malpractice, a Securus telephone-account PIN, and an alleged sexual assault, as well as the asserted First, Fifth, Eighth, and Fourteenth Amendment violations. The court granted leave to amend within 30 days, setting a deadline of February 19, 2026.

Holdings

  1. The complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983 because it did not provide sufficient factual detail or connect the alleged conduct to a violation of a constitutional right.
  2. Because Plaintiff proceeded in forma pauperis and failed to state a claim, the court was required to dismiss the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii).
  3. The complaint was dismissed without prejudice, and Plaintiff was granted thirty days to file an amended complaint complying with Federal Rule of Civil Procedure 8(a).

Questions Presented

  1. Whether Plaintiff's in forma pauperis complaint stated a plausible claim for relief under 42 U.S.C. § 1983.
  2. Whether the complaint's allegations concerning medical care, a Securus telephone-account PIN, and an alleged sexual assault sufficiently pleaded violations of the First, Fifth, Eighth, or Fourteenth Amendments.
  3. Whether dismissal should be without prejudice and accompanied by leave to amend.

Disposition

dismissed

Cases Cited (14)

  • Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000)(followed)
  • Day v. Florida, 2014 WL 1412302, at *4 (W.D. Wash. Apr. 10, 2014)(followed)
  • Sanders v. Brown, 504 F.3d 903, 910 (9th Cir. 2007)(followed)
  • Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
  • Johnson v. Lucent Techs. Inc., 653 F.3d 1000, 1011 (9th Cir. 2011)(followed)
  • Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010)(followed)
  • Henderson v. Anderson, 2019 WL 3996859, at *1 (W.D. Wash. Aug. 23, 2019)(followed)
  • Khalid v. Microsoft Corp., 409 F. Supp. 3d 1023, 1031 (W.D. Wash. 2019)(followed)
  • Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir. 1987)(followed)
  • Ashcroft v. Iqbal, 556 U.S. 662, 672 (2009)(followed)

Showing top 10 of 14.

Cited In (0)

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