Tiwaz v. Lowe
1:24-cv-00384
| D. Del. | Jun 27, 2025Background
- Aurora T. Kalima, a transgender woman incarcerated at Howard R. Young Correctional Institution in Delaware, filed a pro se complaint and motion to proceed in forma pauperis.
- Kalima alleges prison officials denied her PTSD treatment and that some correctional officers gave her contraband THC in exchange for sex acts.
- The complaint also faults officials for denying her transfer to a women’s facility with PTSD treatment and failing to provide medical marijuana or THC.
- Kalima seeks $250,000 in damages, legal costs, injunctive relief, a facility transfer, and specific PTSD/THC treatment.
- The Court reviewed the complaint sua sponte under 28 U.S.C. § 1915A and found it failed to state a plausible claim.
- The Court dismissed the complaint without prejudice and granted leave to submit an amended complaint by July 29, 2025, to cure identified deficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of PTSD treatment | Denied effective PTSD treatment | N/A | Insufficient detail to state a claim |
| Denial of medical marijuana/THC | Medical marijuana/THC necessary | N/A | Medical discretion controls; not actionable |
| Contraband exchange for sex acts | Corrections officers traded THC for sex acts | N/A | Must name specific defendants, give details |
| Liability for grievance review officer | Grievance process was inadequate | N/A | No liability absent knowledge of mistreatment |
Key Cases Cited
- Shorter v. United States, 12 F.4th 366 (3d Cir. 2021) (standard for sufficiency of pro se pleadings)
- Inmates of Allegheny Cnty. Jail v. Pierce, 612 F.2d 754 (3d Cir. 1979) (deference to providers' medical judgment in prison)
- Monmouth Cty. Corr. Inst. v. Lanzaro, 834 F.2d 326 (3d Cir. 1987) (disagreement over medical treatment does not violate the Eighth Amendment)
- White v. Napoleon, 897 F.2d 103 (3d Cir. 1990) (standard for Eighth Amendment deliberate indifference in prisoner medical cases)
- Spruill v. Gillis, 372 F.3d 218 (3d Cir. 2004) (liability for non-medical prison officials in medical claims)
- James v. Pennsylvania Dep’t of Corr., 230 F. App’x 195 (3d Cir. 2007) (duties of prison grievance examiners regarding medical complaints)