Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fulson v. Anderson

United States District Court, E.D. Missouri, Northern Division

August 3, 2017

ANDRE L. FULSON, Plaintiff,
v.
TAMARA ANDERSON, et al., Defendants,

          MEMORANDUM AND ORDER

          CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE.

         This matter is before me on defendant Larry Preston's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The motion is granted.

         Background

         Plaintiff brought this action under 42 U.S.C. § 1983, the Americans with Disabilities Act, and state law against several prison officials and medical personnel at the Northeast Correctional Center (“NECC”). Defendant Preston is a maintenance worker at NECC.

         Plaintiff has a type of inflammatory myopathy.[1] His symptoms include loss of physical strength and unreliable mobility, which cause him to fall. On May 19, 2015, after he fell more than forty times, his doctor prescribed a wheelchair for him.

         Corizon officials did not process the paperwork for the prescription for two months, until approximately July 19, 2017. After the paperwork for the wheelchair was processed, Correctional Officer David Cutt told plaintiff that there were no available wheelchairs. Cut further told plaintiff, “‘when one becomes available, it will be provided.'” Compl. p. 17.

         Plaintiff alleged that the processing of the wheelchair prescription required Preston “to prepare a broken wheelchair or order a new one.” Id. at 16. Plaintiff did not allege, however, that Preston was aware he needed a wheelchair or refused to provide him with one.

         The wheelchair prescription was cancelled on about August 21, 2015.

         Standard

         To state a claim under the Federal Rules of Civil Procedure, 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). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A pleading need not include “detailed factual allegations, ” but it is not sufficient to tender “naked assertion[s]” that are “devoid of further factual enhancement.” Id. (internal quotation marks omitted). A complaint must do more than allege “labels and conclusions” or “a formulaic recitation of the elements of a cause of action.” Id.

         Discussion

         Preston moves to dismiss on the grounds that plaintiff's allegations fail to state a plausible claim for relief and that he is entitled to qualified immunity. In his response brief, plaintiff did not respond to any of Preston's legal or factual arguments.

         Preston argues that plaintiff has failed to allege facts demonstrating that he was deliberately indifferent to plaintiff's serious medical needs because plaintiff did not allege he was personally responsible for the failure to provide him with a wheelchair.

         “Liability under § 1983 requires a causal link to, and direct responsibility for, the alleged deprivation of rights.” Madewell v. Roberts, 909 F.2d 1203, 1208 (8th Cir. 1990); see Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009) (“Because vicarious liability is inapplicable to Bivens and § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution.”); Camberos v. Branstad, 73 F.3d 174, 176 (8th Cir. 1995) (“a general ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.