Rogers v. Boatright, et al, No. 12-20063 (5th Cir. 2013)Annotate this Case
Plaintiff appealed the district court's sua sponte dismissal of his civil rights complaint as frivolous and for failure to state a claim upon which relief could be granted. The court held that the district court abused its discretion in dismissing the claim against one corrections officer at the initial screening stage and before the filing of any responsive pleadings. The district court did not err in dismissing plaintiff's denial of medical care claim where the officers did not show deliberate indifference regarding plaintiff's denial of medical treatment and because the officers took plaintiff to see a V.A. hospital physician after the incident at issue and transported him subsequently to the prison medical department for treatment. In regards to the claim regarding plaintiff's injury in the van, the issue was moot. As for the denial of medical care claim, allowing plaintiff to amend his complaint would have been futile and the district court did not err in declining to provide leave to file an amended complaint. Accordingly, the court reversed in part, affirmed in part, and remanded for further proceedings.