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
- 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.
- 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).
- 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
- Whether Plaintiff's in forma pauperis complaint stated a plausible claim for relief under 42 U.S.C. § 1983.
- 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.
- 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)
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Cited In (0)
No citing cases on record yet.