Derron Jackson v. Bamberg
6:12-cv-00120
S.D. Ga.Jan 29, 2013Background
- Plaintiff Derron Jackson, an inmate in Georgia State Prison, filed a 42 U.S.C. § 1983 action against prison personnel.
- Defendants named: Officer Bamberg, Larry Bruton, Sgt. Lt. Mobley, and Major Jackson.
- Court must screen prisoner complaints under 28 U.S.C. § 1915A and apply liberal pro se standards.
- Plaintiff alleged severe chest/neck pain and an hour-long delay in receiving medical attention.
- Court concludes plaintiff failed to allege a substantial harm from delay and defendants’ conduct does not amount to deliberate indifference.
- Recommendation: dismiss the complaint for failure to state a claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bamberg’s delay constitutes deliberate indifference | Jackson claims delay worsened his medical need | Delay did not cause harm and Bamberg acted promptly | No deliberate indifference; dismissal recommended |
| Whether Bruton, Mobley, and Jackson have viable claims | Plaintiff asserts claims against all listed defendants | No factual allegations against these individuals | Claims against Bruton, Mobley, and Jackson should be dismissed |
Key Cases Cited
- Mitchell v. Farcass, 112 F.3d 1483 (11th Cir. 1997) (applies Rule 12(b)(6)-like standard to 1915(e)/1915A proceedings)
- Estelle v. Gamble, 429 U.S. 97 (U.S. (1976)) (duty to safeguard serious medical needs of inmates)
- Farmer v. Brennan, 511 U.S. 825 (U.S. (1994)) (deliberate indifference standard for medical care)
