IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
Anthony Ward, ) C/A No.: 1:24-562-DCC-SVH ) Plaintiff, ) ) v. ) ) ORDER AND NOTICE J. Reuben Long Medical Staff and ) Director Rose, ) ) Defendants. ) )
Anthony Ward (“Plaintiff”), proceeding pro se, filed this complaint pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional rights by J. Reuben Long Detention Center (“JRLDC”) Medical Staff and Director Rose, (collectively “Defendants”). Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civ. Rule 73.02(B)(2)(e) (D.S.C.), the undersigned is authorized to review such complaints for relief and submit findings and recommendations to the district judge. I. Factual and Procedural Background Plaintiff alleges he has informed medical staff that he has “sleep apnea, a hernia, heart flutters and skipped beats, spitting up blood, [and] a major plaque build up inside [his] mouth which is painful and makes it hard to eat.” [ECF No. 1 at 5–6]. He also claims he needs a CPAP machine, but the JRLDC will not provide one. . at 6. He seeks $50,000 in monetary damages and injunctive relief.
II. Discussion
A. Standard of Review Plaintiff filed his complaint pursuant to 28 U.S.C. § 1915, which permits an indigent litigant to commence an action in federal court without prepaying the administrative costs of proceeding with the lawsuit. To protect against possible abuses of this privilege, the statute allows a district court to dismiss a case upon a finding that the action fails to state a claim on which relief may be granted or is frivolous or malicious. 28 U.S.C. § 1915(e)(2)(B)(i), (ii). A
finding of frivolity can be made where the complaint lacks an arguable basis either in law or in fact. , 504 U.S. 25, 31 (1992). A claim based on a meritless legal theory may be dismissed sua sponte under 28 U.S.C. § 1915(e)(2)(B). , 490 U.S. 319, 327 (1989).
A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Pro se complaints are held to a less stringent standard than those drafted by attorneys. , 574 F.2d 1147, 1151 (4th Cir. 1978). In evaluating
a pro se complaint, the plaintiff’s allegations are assumed to be true. ., 529 F.2d 70, 74 (2d Cir. 1975). The mandated liberal construction afforded to pro se pleadings means that if the court can reasonably read the pleadings to state a valid claim on which the plaintiff could prevail, it should do so. A federal court is charged with liberally construing a complaint filed by
a pro se litigant to allow the development of a potentially meritorious case. , 551 U.S. 89, 94 (2007). The requirement of liberal construction does not mean that the court can ignore a clear failure in the pleading to allege facts that set forth a claim
currently cognizable in a federal district court. ., 901 F.2d 387, 390–91 (4th Cir. 1990). Although the court must liberally construe a pro se complaint, the United States Supreme Court has made it clear a plaintiff must do more than make conclusory statements to state a
claim. , 556 U.S. 662, 677‒78 (2009); , 550 U.S. 544, 555 (2007). Rather, the complaint must contain sufficient factual matter, accepted as true, to state a claim that is plausible on its face, and the reviewing court need only accept as true the complaint’s
factual allegations, not its legal conclusions. , 556 U.S. at 678‒79. B. Analysis
1. JRLDC Medical Staff is not a Person
To state a plausible claim for relief under 42 U.S.C. § 1983,1 an aggrieved party must sufficiently allege he was injured by “the deprivation of any [of his
1 Plaintiff’s complaint is before this court pursuant to 42 U.S.C. § 1983. Section 1983 is the procedural mechanism through which Congress provided a private or her] rights, privileges, or immunities secured by the [United States] Constitution and laws” by a “person” acting “under color of state law.” 42
U.S.C. § 1983; 5 Charles Alan Wright & Arthur R. Miller, § 1230 (3d ed. 2014). Only “persons” may act under color of state law; therefore, a defendant in a § 1983 action must qualify as a “person.” Groups of individuals in a building do not qualify as a “person” who
can act under color of state law for purposes of § 1983. , C/A No. 9:14-508-RMG, 2015 WL 404570, at *6 n.2 (D.S.C. Jan. 29, 2015) (noting that “[a] department is not a person subject to suit under § 1983”). Here, JRLDC staff is not considered a “person” subject to suit under
§ 1983, and therefore is subject to summary dismissal. 2. Supervisory Liability Plaintiff’s complaint contains no factual allegations specific to Rose. To the extent Rose is sued only in his official capacity, Plaintiff has failed to state
a claim under § 1983. The doctrine of supervisory liability is generally inapplicable to § 1983 suits, such that an employer or supervisor is not liable for the acts of his employees, absent an official policy or custom that results in
civil cause of action based on allegations of federal constitutional violations by persons acting under color of state law. The purpose of § 1983 is to deter state actors from using badge of their authority to deprive individuals of their rights and to provide relief to victims if such deterrence fails. illegal action. , 436 U.S. 658, 694 (1978); , 690 F.2d 1133,
1142–43 (4th Cir. 1982). The Supreme Court explains that “[b]ecause vicarious liability is inapplicable to and § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” , 556 U.S. at 676;
, 737 F.2d 368, 372–74 (4th Cir. 1984) (finding officials may be held liable for the acts of their subordinates, if the official is aware of a pervasive, unreasonable risk of harm from a specified source and fails to take corrective action as a result of deliberate indifference or tacit authorization). Accordingly,
Rose is subject to summary dismissal. 3. Insufficient Allegations Plaintiff’s claims regarding his medical care are vague in that he generally alleges ailments and that he has not provided adequate care, but he
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
Anthony Ward, ) C/A No.: 1:24-562-DCC-SVH ) Plaintiff, ) ) v. ) ) ORDER AND NOTICE J. Reuben Long Medical Staff and ) Director Rose, ) ) Defendants. ) )
Anthony Ward (“Plaintiff”), proceeding pro se, filed this complaint pursuant to 42 U.S.C. § 1983 alleging violations of his constitutional rights by J. Reuben Long Detention Center (“JRLDC”) Medical Staff and Director Rose, (collectively “Defendants”). Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civ. Rule 73.02(B)(2)(e) (D.S.C.), the undersigned is authorized to review such complaints for relief and submit findings and recommendations to the district judge. I. Factual and Procedural Background Plaintiff alleges he has informed medical staff that he has “sleep apnea, a hernia, heart flutters and skipped beats, spitting up blood, [and] a major plaque build up inside [his] mouth which is painful and makes it hard to eat.” [ECF No. 1 at 5–6]. He also claims he needs a CPAP machine, but the JRLDC will not provide one. . at 6. He seeks $50,000 in monetary damages and injunctive relief.
II. Discussion
A. Standard of Review Plaintiff filed his complaint pursuant to 28 U.S.C. § 1915, which permits an indigent litigant to commence an action in federal court without prepaying the administrative costs of proceeding with the lawsuit. To protect against possible abuses of this privilege, the statute allows a district court to dismiss a case upon a finding that the action fails to state a claim on which relief may be granted or is frivolous or malicious. 28 U.S.C. § 1915(e)(2)(B)(i), (ii). A
finding of frivolity can be made where the complaint lacks an arguable basis either in law or in fact. , 504 U.S. 25, 31 (1992). A claim based on a meritless legal theory may be dismissed sua sponte under 28 U.S.C. § 1915(e)(2)(B). , 490 U.S. 319, 327 (1989).
A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Pro se complaints are held to a less stringent standard than those drafted by attorneys. , 574 F.2d 1147, 1151 (4th Cir. 1978). In evaluating
a pro se complaint, the plaintiff’s allegations are assumed to be true. ., 529 F.2d 70, 74 (2d Cir. 1975). The mandated liberal construction afforded to pro se pleadings means that if the court can reasonably read the pleadings to state a valid claim on which the plaintiff could prevail, it should do so. A federal court is charged with liberally construing a complaint filed by
a pro se litigant to allow the development of a potentially meritorious case. , 551 U.S. 89, 94 (2007). The requirement of liberal construction does not mean that the court can ignore a clear failure in the pleading to allege facts that set forth a claim
currently cognizable in a federal district court. ., 901 F.2d 387, 390–91 (4th Cir. 1990). Although the court must liberally construe a pro se complaint, the United States Supreme Court has made it clear a plaintiff must do more than make conclusory statements to state a
claim. , 556 U.S. 662, 677‒78 (2009); , 550 U.S. 544, 555 (2007). Rather, the complaint must contain sufficient factual matter, accepted as true, to state a claim that is plausible on its face, and the reviewing court need only accept as true the complaint’s
factual allegations, not its legal conclusions. , 556 U.S. at 678‒79. B. Analysis
1. JRLDC Medical Staff is not a Person
To state a plausible claim for relief under 42 U.S.C. § 1983,1 an aggrieved party must sufficiently allege he was injured by “the deprivation of any [of his
1 Plaintiff’s complaint is before this court pursuant to 42 U.S.C. § 1983. Section 1983 is the procedural mechanism through which Congress provided a private or her] rights, privileges, or immunities secured by the [United States] Constitution and laws” by a “person” acting “under color of state law.” 42
U.S.C. § 1983; 5 Charles Alan Wright & Arthur R. Miller, § 1230 (3d ed. 2014). Only “persons” may act under color of state law; therefore, a defendant in a § 1983 action must qualify as a “person.” Groups of individuals in a building do not qualify as a “person” who
can act under color of state law for purposes of § 1983. , C/A No. 9:14-508-RMG, 2015 WL 404570, at *6 n.2 (D.S.C. Jan. 29, 2015) (noting that “[a] department is not a person subject to suit under § 1983”). Here, JRLDC staff is not considered a “person” subject to suit under
§ 1983, and therefore is subject to summary dismissal. 2. Supervisory Liability Plaintiff’s complaint contains no factual allegations specific to Rose. To the extent Rose is sued only in his official capacity, Plaintiff has failed to state
a claim under § 1983. The doctrine of supervisory liability is generally inapplicable to § 1983 suits, such that an employer or supervisor is not liable for the acts of his employees, absent an official policy or custom that results in
civil cause of action based on allegations of federal constitutional violations by persons acting under color of state law. The purpose of § 1983 is to deter state actors from using badge of their authority to deprive individuals of their rights and to provide relief to victims if such deterrence fails. illegal action. , 436 U.S. 658, 694 (1978); , 690 F.2d 1133,
1142–43 (4th Cir. 1982). The Supreme Court explains that “[b]ecause vicarious liability is inapplicable to and § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official’s own individual actions, has violated the Constitution.” , 556 U.S. at 676;
, 737 F.2d 368, 372–74 (4th Cir. 1984) (finding officials may be held liable for the acts of their subordinates, if the official is aware of a pervasive, unreasonable risk of harm from a specified source and fails to take corrective action as a result of deliberate indifference or tacit authorization). Accordingly,
Rose is subject to summary dismissal. 3. Insufficient Allegations Plaintiff’s claims regarding his medical care are vague in that he generally alleges ailments and that he has not provided adequate care, but he
does not allege whether he has been examined by any individual medical professional and on how many occasions. A claim of deliberate medical indifference requires more than a showing of mere negligence, , 429 U.S. 97, 105–06 (1976), and “more than ordinary lack of due care
for the prisoner’s interests or safety.” , 475 U.S. 312, 319 (1986); , 511 U.S. 825, 835–36 (1994) (providing greater explanation of the level of culpability required for deliberate indifference). The Fourth Circuit has noted that treatment “must be so grossly incompetent, inadequate or excessive as to shock the conscience or to be
intolerable to fundamental fairness.” , 896 F.2d 848, 851 (4th Cir. 1990) (citation omitted). Plaintiff provides insufficient factual information to state a medical indifference claim against Defendants. , No.
6:10-3270-RMG-KFM, 2011 WL 442053, at *3 (D.S.C. Jan. 19, 2011) (finding the Constitution requires prisoners be provided with a certain minimum level of medical treatment, but it does not guarantee to a prisoner the treatment of his choice); , 846 F.2d 811, 817 (1st Cir. 1988). Although
Plaintiff argues he should have received additional or different treatment, a disagreement as to the proper treatment for an injury does not in and of itself state a constitutional violation. , 868 F. Supp. 326, 331 (S.D. Ga. 1994) (finding that although the provision of medical care by prison
officials is not discretionary, the type and amount of medical care is discretionary). NOTICE CONCERNING AMENDMENT Plaintiff may attempt to correct the defects in his complaint by filing an
amended complaint by March 5, 2024, along with any appropriate service documents. Plaintiff is reminded that an amended complaint replaces the original complaint and should be complete in itself. Ranier, 238 F.3d 567, 572 (4th Cir. 2001) (“As a general rule, an amended pleading ordinarily supersedes the original and renders it of no legal effect.”) (citation and internal quotation marks omitted). If Plaintiff files an amended complaint, the undersigned will conduct screening of the amended complaint pursuant to 28 U.S.C. § 1915A. If Plaintiff fails to file an amended complaint or fails to cure the deficiencies identified above, the undersigned will recommend to the district court that the claims be dismissed without leave for further amendment. IT IS SO ORDERED. pont February 13, 2024 Shiva V. Hodges Columbia, South Carolina United States Magistrate Judge