United States District Court, E.D. Missouri, Northern Division
ANDRE L. FULSON, Plaintiff,
TAMARA ANDERSON, et al., Defendants,
MEMORANDUM AND ORDER
CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE.
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.
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.
has a type of inflammatory myopathy. 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.
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.
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.
wheelchair prescription was cancelled on about August 21,
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
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.
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.
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 ...