Area of Law:
42 USC 1983 — Deliberate Indifference
U.S. District Court for the Eastern District of Michigan
Fed. R. Civ. P. 12(b)(6) motion granted. Plaintiff failed to state a claim upon which relief could be granted and was not permitted to amend, as amendment would have been futile.
A prisoner sued several corrections personnel and a nurse for deliberate indifference to serious medical needs. At the time of detention, Plaintiff prisoner was suffering from withdrawal symptoms and, while detoxing, fell and injured her head. She claimed to have not been given immediate proper medical treatment and that this lack of proper care and the delay in care caused her condition to worsen. However, the facts as alleged demonstrated that the prisoner did receive medical care for the detox issues she was experiencing and that medical staff appropriately sent her to the hospital.
The judge dismissed our nurse-client and did not permit Plaintiff to amend as to the nurse defendant or to add another nurse defendant, because the Plaintiff’s amended complaint still would have been futile.
This information is a sample of our past results. Prospective clients may not obtain the same or similar results. Every case is different and each case must be evaluated and handled on its own merits. The circumstances of your case may differ from the results provided. The information provided has not been reviewed or approved by the State Bar of Michigan.