United States District Court, M.D. Georgia, Columbus Division
ORDER OF DISMISSAL
D. LAND, CHIEF U.S. DISTRICT COURT JUDGE.
Timothy Lamar Jones, a pretrial detainee in the Muscogee
County Jail in Columbus, Georgia, filed a pro se
civil rights complaint under 42 U.S.C. § 1983. Compl.,
ECF No. 1. Thereafter, Plaintiff was granted leave to proceed
in forma pauperis, and his complaint underwent a
preliminary review. Order to Recast Compl., ECF No. 8. In
that review, the United States Magistrate Judge found that
Plaintiff had failed to state a claim but gave Plaintiff an
opportunity to recast his complaint to address the
deficiencies therein. Id. Plaintiff has now filed a
recast complaint, which is also subject to a preliminary
review. Recast Compl., ECF No. 9. Having reviewed the recast
complaint, the Court now finds that Plaintiff has again
failed to state a claim upon which relief may be granted. As
a result, his complaint is DISMISSED WITHOUT
Preliminary Review of Plaintiff's
Plaintiff is a prisoner “seeking redress from a
governmental entity or [an] officer or employee of a
governmental entity, ” the Court is required to conduct
a preliminary review of Plaintiff's complaint. See 28
U.S.C. § 1915A(a) (requiring the screening of prisoner
cases) & 28 U.S.C. § 1915(e) (regarding in forma
pauperis proceedings). When performing this review, the
district court must accept all factual allegations in the
complaint as true. Brown v. Johnson, 387 F.3d 1344,
1347 (11th Cir. 2004). Pro se pleadings are also
“held to a less stringent standard than pleadings
drafted by attorneys, ” and thus, pro se
claims are “liberally construed.” Tannenbaum
v. United States, 148 F.3d 1262, 1263 (11th Cir. 1998).
Still, the Court must dismiss a prisoner complaint if it
“(1) is frivolous, malicious, or fails to state a claim
upon which relief may be granted; or (2) seeks monetary
relief from a defendant who is immune from such
relief.” 28 U.S.C. §1915A(b).
is frivolous if it “lacks an arguable basis either in
law or in fact.” Miller v. Donald, 541 F.3d
1091, 1100 (11th Cir. 2008) (internal quotation marks
omitted). The Court may dismiss claims that are based on
“indisputably meritless legal” theories and
“claims whose factual contentions are clearly
baseless.” Id. (internal quotation marks
omitted). A complaint fails to state a claim if it does not
include “sufficient factual matter, accepted as true,
to ‘state a claim to relief that is plausible on its
face.'” Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550
U.S. 544, 570 (2007)). The factual allegations in a complaint
“must be enough to raise a right to relief above the
speculative level” and cannot “merely create a
suspicion [of] a legally cognizable right of action.”
Twombly, 550 U.S. at 555 (first alteration in
original). In other words, the complaint must allege
enough facts “to raise a reasonable expectation that
discovery will reveal evidence” supporting a claim.
Id. at 556. “Threadbare recitals of the
elements of a cause of action, supported by mere conclusory
statements, do not suffice.” Iqbal, 556 U.S.
state a claim for relief under §1983, a plaintiff must
allege that (1) an act or omission deprived him of a right,
privilege, or immunity secured by the Constitution or a
statute of the United States; and (2) the act or omission was
committed by a person acting under color of state law.
Hale v. Tallapoosa Cty., 50 F.3d 1579, 1582 (11th Cir.
1995). If a litigant cannot satisfy these requirements or
fails to provide factual allegations in support of his claim
or claims, the complaint is subject to dismissal. See
Chappell v. Rich, 340 F.3d 1279, 1282-84 (11th Cir.
recast complaint, Plaintiff alleges that he has diabetes and
sometimes develops blood clots in his lungs. Recast Compl. 5,
ECF No. 9. Thus, when Plaintiff arrived at the Muscogee
County Jail, he told the intake nurse about his condition and
the medications that he was taking, including medformin for
diabetes and a blood thinner called caumadin for the blood
clots. Id. Because of the caumadin, it is necessary
for Plaintiff to have his blood checked regularly.
Id. Defendants Correct Care Solution, the
prison's healthcare provider; Correct Care Solutions
Manager Pout Morris; Chief Physician Dr. Parks; and Service
Professional Dr. Petty, however, have failed to routinely
check Plaintiff's blood, resulting in damage to
Plaintiff's health. Id.
particular, around June 6, 2018, Plaintiff began to feel ill,
with continuous headaches and pain in his leg. Id.
at 6. At some point, Plaintiff beat on the window of his cell
to try to get an officer's attention, but Plaintiff was
ignored. Id. Later, at pill call, Plaintiff informed
an officer and the pill call nurse, but Plaintiff was not
taken to medical and no one checked on him after that.
3:30 a.m. on June 8, 2018, Plaintiff was supposed to get up
to take a dose of medformin, but when he stood up, he felt
dizzy and fell back on the bed. Id. Plaintiff's
cellmates tried to alert officers in the area by beating on
the window of the cell, but none of the officers responded.
Id. Plaintiff therefore tried to walk down the
stairs by himself, but he fell most of the way down, hitting
his face on the rail. Id. Thereafter, an officer
came by to give insulin shots and observed Plaintiff's
condition. Id. Plaintiff asserts that an officer
should have responded sooner and that inmates should not have
to beat on the windows to get the officers' attention,
particularly because officers sometimes get irritated and
ignore the beating. Id. Additionally, some officers
will put inmates in lockdown for beating on the windows.
adds that the jail is dangerous because there are no cameras
and the call buttons in the cells have been disconnected.
Id. at 7. Moreover, the jail is overcrowded, has a
lot of gang activity, houses violent and murderous criminals,
and has a poor classification system. Id. In this
regard, Plaintiff asserts that Defendants Muscogee County and
Sheriff Donna Tompkins have failed to provide safe and secure
conditions of confinement for Plaintiff and other inmates.
to the events of June 8, Plaintiff alleges that when officers
saw him, they helped him up and took him to medical.
Id. After three days in medical at the jail,
Plaintiff began to get worse and was taken to the Emergency
Room at Piedmont Medical Center. Id. At the
hospital, Plaintiff was admitted to intensive care, where the
doctor told Plaintiff that his blood tests indicated that the
medical staff at the Muscogee County Jail was treating
Plaintiff with too much caumadin without properly monitoring
Plaintiff's blood levels, which put Plaintiff's life
in danger. Id. at 7-8.
asserts that his treatment was the result of deliberate
indifference to a serious medical need. Id. at 8.
With regard to the named defendants, Plaintiff asserts that
Correct Care Solutions is a health maintenance organization
with an official policy to provide continuous, effective, and
quality healthcare services, but that it failed to provide
such services in his case. Id. Additionally,
Plaintiff asserts that Correct Care violated Georgia law, as
well as the Eighth and Fourteenth Amendments, with regard to
his treatment. Id.
Deliberate Indifference to a ...