Plumlee v. Connections Community Support Programs, Inc. et al

Filing 23

MEMORANDUM ORDER Granting 5 MOTION to Dismiss. Signed by Judge Richard G. Andrews on 2/22/2017. (nms)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE STACY PLUMLEE, Plaintiff, Civil Action No. 16-902-RGA v. CONNECTIONS COMMUNITY SUPPORT PROGRAMS, INC., et al., Defendants. MEMORANDUM ORDER Defendant Javonne Payne is one of a number of defendants in this civil rights lawsuit. She has filed a motion to dismiss based on failure to state a claim. (D.I. 5). There is one relevant principle of law that is at issue here. Namely, in a section 1983 claim of failure to provide medical care, a plaintiff must plead factual allegations sufficient to plausibly allege individual liability. A section 1983 lawsuit of the sort alleged here, that is, based upon the eighth amendment, requires a showing of willful indifference to the deprivation of a plaintiffs constitutional rights. In this case, there are only two facts that are alleged against Defendant Payne. One, she was an intake correctional officer when Plaintiff was brought into prison. (D.I. 1-1 ~~ 8, 27). Two, Defendant Payne, in this capacity, filled out an intake form on which there was the prompt, "Upon receipt, the prisoner reported/complained of the following injury medical problem:" Next to it, Defendant Payne wrote, "will discuss." (Id. at~ 27). The only other allegation about Defendant Payne is that some handwritten notes may or may not have been written by her. (Id. at~ 30). That is it. In my opinion, that is insufficient to plausibly allege that Defendant Payne violated Plaintiffs civil rights. The motion to dismiss (D.I. 5) is GRANTED. IT IS SO ORDERED this '2J_. day of February 2017. ! I

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?