United States District Court, N.D. Florida, Gainesville Division
REPORT AND RECOMMENDATION
R. JONES UNITED STATES MAGISTRATE JUDGE
an inmate confined in the Alachua County Jail, initiated this
case by filing complaint pursuant to 42 U.S.C. § 1983,
and has been granted leave to proceed as a pauper by separate
order. Plaintiff's claims stem from the medical care that
he has received at the Jail. The Complaint is before the
Court for screening pursuant to 28 U.S.C. § 1915A, which
provides that the Court may dismiss a complaint in which a
prisoner seeks redress from a governmental entity or officer
or employee of a governmental entity if the complaint is
frivolous, malicious, or fails to state a claim upon which
relief may be granted, or seeks monetary relief from a
defendant who is immune from such relief. For the following
reasons, it is respectfully recommended that the Complaint be
dismissed for failure to state a claim upon which relief may
alleges that the jail physician, Dr. Colon, prescribed daily
Tylenol for Plaintiff's back pain. On January 17, 2019,
Nurse Wendy Singer dispensed medication to Plaintiff.
Plaintiff alleges that Singer gave Plaintiff the wrong
medication, and Plaintiff passed out after taking the unknown
medication. Plaintiff was immediately taken to the Medical
Department for evaluation and treatment. A different nurse
told Plaintiff that his blood pressure was abnormally low.
Plaintiff became weak and had severe pain. After being
treated, Plaintiff was placed on 23 hours of observation,
during which he was given large amounts of food and liquids
to reduce the effects of the incorrect medication. After
observation and treatment, Plaintiff was returned to the
inmate population. Plaintiff alleges that his treatment
amounted to “cruel and unusual punishment”,
“medical battery”, and a “violation of
patient's rights”. The only named defendant is
Nurse Singer. For relief, he seeks damages in the amount of
“$250, 000 each claim”. ECF No. 1.
Standard of Review
state a claim under § 1983, a plaintiff must allege
that: (1) a violation of a specific constitutional right or
federal statutory provision; (2) was committed by a person
acting under color of state law. Doe v. Sch. Bd. of
Broward Cnty., 604 F.3d 1248, 1265 (11th Cir. 2010).
Constitution forbids prison officials from consciously
ignoring the serious medical needs of prison inmates. Such
“deliberate indifference” to an inmate's
serious medical need by a state actor is cruel and unusual
punishment in violation of the Eighth and Fourteenth
Amendments. See Estelle v. Gamble, 429 U.S. 97,
104-105 (1976). To establish that the prison official was
deliberately indifferent, the plaintiff must show that: (1)
the prison official had a subjective knowledge of a risk of
serious harm; (2) the prison official disregarded that risk;
and (3) did so by conduct that is more than mere negligence.
Brown v. Johnson, 387 F.3d 1344, 1351 (11th Cir.
2004); Taylor v. Adams, 221 F.3d 1254, 1258 (11th
Cir. 2000) (the prisoner must demonstrate that the
officials' response was so inadequate as to
“constitute an unnecessary and wanton infliction of
pain, ” and was not “merely accidental
inadequacy, negligence in diagnosis or treatment, or even
medical malpractice actionable under state law.”).
liberally construing Plaintiff's claims, and accepting
the allegations of the Complaint as true, Plaintiff's
allegations fail to state an Eighth Amendment claim for
deliberate indifference in connection with his medical care.
Plaintiff's factual allegations reflect that as soon as
he exhibited symptoms from the incorrect medication he
received immediate care, and his condition was monitored
until he recovered sufficiently to rejoin the jail
population. ECF No. 1. Nothing in Plaintiff's allegations
support a finding that defendant Singer intentionally gave
Plaintiff the wrong medication. Accidentally administering
the wrong medication does not establish a “conscious or
callous indifference.” See e.g., Estelle, 429
U.S. at 106; Monteleone v. Corizon, 686 Fed.Appx.
655, 2017 WL 1404680, *3 (11th Cir. Apr. 20, 2017) (citing
Goodman v. Kimbrough, 718 F.3d 1325, 1332 (11th Cir.
essence, Plaintiff's claims sound in negligence or
medical malpractice, which are not cognizable under §
1983. Thus, the Court concludes that Plaintiff's
Complaint fails to state a cognizable claim for a violation
of his Eighth Amendment rights against Nurse Singer.
“[i]f the underlying facts or circumstances relied upon
by a plaintiff may be a proper subject of relief, ”
leave to amend “should be freely given.”
Foman v. Davis, 371 U.S. 178, 182 (1962).
See Fed.R.Civ.P. 15(a). Under Foman,
however, a district court may properly deny leave to amend
the complaint when such amendment would be futile.
Foman, 371 U.S. at 182. Under the facts alleged in
the Complaint, the Court concludes that amendment of the
Complaint would be futile because amendment would not cure
the deficiency regarding the lack of any factual support for
an Eighth Amendment claim.
foregoing reasons, it is respectfully
RECOMMENDED that this case be dismissed
pursuant to 28 U.S.C. § 1915A(b)(1) for failure to ...