5:12-cv-00294
M.D. Ga.Sep 5, 2012Background
- Plaintiff Patrick Davis, a prisoner, filed a pro se 42 U.S.C. § 1983 complaint and sought in forma pauperis status.
- Court granted in forma pauperis and waived initial filing fee but required payment of the full fee over time.
- The case concerns an alleged July 21, 2010 excessive force incident by Officer Emmanuel Young during an escort.
- Plaintiff alleges Young pinned him, struck his face/ear; Banta witnessed and promised to report and obtain medical care.
- Plaintiff claims delayed medical treatment; he was seen August 10, 2010 and told nothing was wrong.
- Court conducted screening under 28 U.S.C. § 1915A and recommends proceeding only on the excessive force claim against Young.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Davis's excessive force claim against Young survives screening | Davis allege Young used force against him while restrained. | Young argues the complaint lacks adequate factual support for excessive force. | Excessive force claim against Young may proceed. |
| Whether supervisory/other defendants can be held liable | Other officials knew of the alleged assault and failed to intervene or prevent harm. | No evidence of personal participation or policy/monetary liability by Upton, Mintz, Moore, Floyd, Powell; Banta's involvement insufficient. | Dismissal of excessive force/failure-to-protect claims against Banta, Upton, Mintz, Moore, Floyd, Powell is recommended. |
| Whether Plaintiff's denial of medical treatment claims state a constitutional violation | Plaintiff repeatedly sought medical care and was improperly denied or delayed. | Plaintiff did not suffer a serious medical need or deliberate indifference; prior medical opinions found no serious injury. | Plaintiff's medical-treatment claims against remaining defendants are recommended for dismissal. |
Key Cases Cited
- Carroll v. Gross, 984 F.2d 392 (11th Cir. 1993) (frivolous or meritless allegations may warrant dismissal)
- Bilal v. Driver, 251 F.3d 1346 (11th Cir. 2001) (sua sponte dismissal for lack of arguable merit)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility standard for pleading)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (threadbare recitals insufficient to state a claim)
- Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference standard for medical care)
- Hill v. DeKalb Reg’l Youth Det. Ctr., 40 F.3d 1176 (11th Cir. 1994) (objective/subjective components of serious medical need)
- Farmer v. Brennan, 511 U.S. 825 (1994) (standard for supervisory liability in prison conditions)
- Goebert v. Lee County, 510 F.3d 1312 (11th Cir. 2007) (supervisory liability requires more than knowledge of wrongdoing)
- Day v. Hall, 528 F.3d 1315 (11th Cir. 2008) (mailbox rule for filing date in prison cases)