Plumlee v. Connections Community Support Programs, Inc. et al
MEMORANDUM ORDER Granting 5 MOTION to Dismiss. Signed by Judge Richard G. Andrews on 2/22/2017. (nms)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Civil Action No. 16-902-RGA
SUPPORT PROGRAMS, INC., et al.,
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.
only other allegation about Defendant Payne is that some handwritten notes may or may not have
been written by her. (Id.
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.
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