Carlucci v. Chapa, No. 17-50025 (5th Cir. 2018)Annotate this Case
Plaintiff filed suit against officials and medical personnel at a federal correctional institution, alleging that defendants were deliberately indifferent to his serious medical needs. The Fifth Circuit vacated the claim of deliberate indifference to plaintiff's serious medical needs in violation of the Eighth Amendment where plaintiff's allegations of severe physical pain and denial of recommended dental treatment were sufficient to state a plausible claim for relief; vacated the district court's awarding of plaintiff a strike under 28 U.S.C. 1915(g); and affirmed the dismissal of plaintiff's claim that defendants violated the Due Process Clause where the Eighth Amendment was relevant to claims of the denial of medical care. Finally, the court denied plaintiff's motion for appointment of counsel.