Winston v. Clark et al

Filing 19

ORDER signed by Judge Rudolph T. Randa on 5/5/2016 DENYING 18 Plaintiff's Motion to Amend/Correct Complaint. (cc: all counsel, via mail to Michael Winston at Columbia Correctional Institution) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MICHAEL L WINSTON,
Plaintiff,
-vs-

Case No. 15-CV-1398

DAVID A CLARK,
KEONA GARTH-DICKENS,
BRANDON LAWLER,
NURSE CHRIS,
JOHN DOES #1-10, C/O,
Defendants.

ORDER
On November 23, 2015, Michael L Winston, filed a pro se complaint
under 42 U.S.C. § 1983 alleging that his constitutional rights were violated
at the Milwaukee County Jail. The court screened his complaint on March
18, 2016, and it dismissed Jane Doe nurses #1 and #2 for failure to state a
claim. (ECF. No. 17). This matter comes before the court on the plaintiff’s
motion to amend the complaint and add allegations of negligence and
medical malpractice against John Doe nurses #1 and #2. (ECF No. 18 ¶2).
The plaintiff’s motion to amend the complaint and proposed
amended complaint essentially rehash the same facts he alleged in his
original complaint, and he reasserts negligence and medical malpractice on
the part of Jane Doe nurses #1 and #2. Negligence and medical malpractice

are not actionable in suit under 42 U.S.C. § 1983. Walker v. Peters, 233
F.3d 494, 499 (7th Cir. 2000); see also Thomas v. Farley, 31 F.3d 557, 558
(7th Cir. 1994); see also Antonelli v. Sheahan, 81 F.3d 1422, 1429 (7th Cir.
1996). Negligent conduct on the part of a state official is insufficient to
constitute a constitutional violation. Daniels v. Williams, 474 U.S. 327,
331, 333-34 (1986); Davidson v. Cannon, 474 U.S. 344, 347-48 (1986); Russ
v. Watts, 414 F.3d 783, 788-89 (7th Cir. 2005). Therefore, the plaintiff’s
motion to amend/correct the complaint will be denied.
ORDER
IT IS THEREFORE ORDERED that the plaintiff’s motion to
amend/correct the complaint (ECF No. 18) is DENIED.
Dated at Milwaukee, Wisconsin, this 5th day of May, 2016.
BY THE COURT:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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