United States District Court, E.D. Missouri, Eastern Division
MICHAEL C. JAMERSON, Plaintiff,
JOHN WILLIAMS, et al., Defendants.
MEMORANDUM AND ORDER
A. ROSS, UNITED STATES DISTRICT JUDGE.
matter is before the Court on review of plaintiffs motion for
leave to file an amended complaint and on review of plaintiff
s amended complaint under 28 U.S.C. § 1915(e). Having
reviewed the amended complaint, the Court finds that the
motion for leave to amend should be granted. See
Fed. R. Civ. P. 15(a). Additionally, the Court finds that the
amended complaint states a plausible claim for relief with
regard to defendants John Williams, Julie Phipps, and George
28 U.S.C. § 1915(e), the Court is required to dismiss a
complaint filed in forma pauperis if it is frivolous,
malicious, or fails to state a claim upon which relief can be
granted. To state a claim for relief under § 1983, a
complaint must plead more than "legal conclusions"
and "[t]hreadbare recitals of the elements of a cause of
action [that are] supported by mere conclusory
statements." Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009). A plaintiff must demonstrate a plausible claim
for relief, which is more than a "mere possibility of
misconduct." Id. at 679. "A claim has
facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged."
Id. at 678. Determining whether a complaint states a
plausible claim for relief is a context-specific task that
requires the reviewing court to draw on its judicial
experience and common sense. Id. at 679.
alleges that he has Hepatitis C and that defendant Dr. John
Williams refuses to provide him with treatment. He further
alleges that defendant Julie Phipps is Williams's
supervisor and has directed him not to treat plaintiffs
disease. He says he is suffering from irreparable liver
damage as a result. He claims that defendant George Lombardi,
as the Director of the Missouri Department of Corrections,
has directed Corizon officials not to treat inmates with
Hepatitis C. He also seeks to hold Corizon liable.
requests that the Court certify this case as a class action
on behalf of similarly situated inmates at the Missouri
Eastern Correctional Center.
state a claim for medical mistreatment, plaintiff must plead
facts sufficient to indicate a deliberate indifference to
serious medical needs. Estelle v. Gamble, 429 U.S.
97, 106 (1976); Camberos v. Branstad, 73 F.3d 174,
175 (8th Cir. 1995). Allegations of mere negligence in giving
or failing to supply medical treatment will not suffice.
Estelle, 429 U.S. at 106. In order to show
deliberate indifference, plaintiff must allege that he
suffered objectively serious medical needs and that
defendants actually knew of but deliberately disregarded
those needs. Dulany v. Carnahan, 132 F.3d 1234, 1239
(8th Cir. 1997). In order to state a claim against Corizon,
plaintiff must allege that there was a policy, custom or
official action that caused an actionable injury. Sanders
v. Sears Roebuck & Co., 984 F.2d 972, 95-76 (8th
Court finds that the claims against Williams, Phipps, and
Lombardi for unconstitutional medical mistreatment should not
be dismissed at this time. Therefore, the Court will order
the Clerk to serve Phipps and Lombardi with process.
are no allegations that a policy or custom of Corizon caused
plaintiffs injuries. As a result, Corizon must be dismissed.
request to certify a class action is denied. Under Rule
23(a)(4), a class representative must "fairly and
adequately protect the interests of the class."
Additionally, a pro se litigant may bring his own claims to
federal court without counsel, but not the claims of others.
See 28 U.S.C. § 1654; 7A Wright, Miller &
Kane, Federal Practice and Procedure: Civil 3d § 1769.1
("class representatives cannot appear pro se.").
IT IS HEREBY ORDERED that plaintiffs motion for leave to file
an amended complaint [ECF No. 16] is GRANTED.
FURTHER ORDERED that the Clerk is directed to serve
defendants George Lombardi (Missouri Department of