Stephens v. Summit County Jail, No. 5:2017cv00159 - Document 6 (N.D. Ohio 2017)
Court Description: Memorandum of Opinion and Order: 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 faith. Judge Patricia A. Gaughan on 3/13/17. (LC,S)
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Stephens v. Summit County Jail Doc. 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO SHANE MICHAEL STEPHENS, Plaintiff, v. SUMMIT COUNTY JAIL, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 5:17 CV 159 JUDGE PATRICIA A. GAUGHAN MEMORANDUM OF OPINION AND ORDER On January 23, 2017, Plaintiff pro se Shane Michael Stephens, an inmate at the Summit County Jail, filed the above captioned action under 42 U.S.C. § 1983 against the jail and its medical staff. Plaintiff alleges in the Complaint that he was not treated for several days for a bad headache. He was then transported to a hospital and received treatment for a head infection. He further alleges he was not provided his medication list and a pamphlet showing possible side effects of his medications, that he may have been given a water pill by mistake, and that he has not been taken for follow up appointments. 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). Dockets.Justia.com 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 giving rise to a constitutional violation. 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 faith. IT IS SO ORDERED. /s/ Patricia A. Gaughan PATRICIA A. GAUGHAN UNITED STATES DISTRICT JUDGE Dated: 3/13/17 -2-
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