Jones v. Ishee, et al
Memorandum Opinion and Order For the reasons stated in the Order, this action is dismissed pursuant to 28 U.S.C. §1915A. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Signed by Judge Dan Aaron Polster on 3/7/2016. (K,K)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
AARON L. JONES, SR.,
TODD ISHEE, et al.,
CASE NO. 1:17 CV 21
JUDGE DAN AARON POLSTER
MEMORANDUM OF OPINION
On January 4, 2017, plaintiff pro se Aaron L. Jones, Sr., an inmate at the Grafton
Correctional Institution, filed the above captioned action under 42 U.S.C. § 1983 against Todd
Ishee, identified as the Ohio Department of Rehabilitation and Corrections Regional Director of
Medical Services, and the Trumbull, Marion and Grafton Correctional Institution Medical
Departments. Plaintiff alleges in the Complaint that he has numerous medical ailments,
including sleep apnea, diabetes, and an irregular heartbeat. He further alleges he has received
various medical treatments for these problems, but believes the treatments have been inadequate
and even harmful.
A district court is expressly required to dismiss any civil action filed by a prisoner
seeking relief from a governmental officer or entity, as soon as possible after docketing, if the
court concludes that the complaint fails to state a claim upon which relief may be granted, or if
the plaintiff seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C.
§1915A; Siller v. Dean, No. 99-5323, 2000 WL 145167 , at *2 (6th Cir. Feb. 1, 2000).
Even construing the Complaint liberally, plaintiff fails to state a valid claim for relief.
Only deliberate indifference to serious medical needs or extreme deprivations regarding the
conditions of confinement will implicate Eighth Amendment protections. Hudson v. McMillian,
503 U.S. 1, 9 (1992). An official acts with deliberate indifference when “he acts with criminal
recklessness,” a state of mind that requires that the official act with conscious disregard of a
substantial risk of serious harm. Farmer v. Brennan, 511 U.S. 825. 837. Mere negligence will
not suffice. Id. at 835-36. Consequently, allegations of medical malpractice, negligent
diagnosis, or negligent treatment fail to state an Eighth Amendment claim. Estelle v. Gamble,
429 U.S. 97, 106 (1976). Plaintiff’s allegations simply do not describe conduct indicating a
degree of culpability greater than negligence.
Accordingly, this action is dismissed pursuant to 28 U.S.C. §1915A. The Court certifies,
pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good
IT IS SO ORDERED.
DAN AARON POLSTER
UNITED STATES DISTRICT JUDGE
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