United States District Court, W.D. Michigan, Southern Division
J. QUIST UNITED STATES DISTRICT JUDGE
a civil rights action brought by a state prisoner under 42
U.S.C. § 1983. The Court has granted Plaintiff leave to
proceed in forma pauperis. Under the Prison
Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321
(1996), the Court is required to dismiss any prisoner action
brought under federal law if the complaint is frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant immune
from such relief. 28 U.S.C. §§ 1915(e)(2), 1915A;
42 U.S.C. § 1997e(c). The Court must read
Plaintiff's pro se complaint indulgently,
see Haines v. Kerner, 404 U.S. 519, 520 (1972), and
accept Plaintiff's allegations as true, unless they are
clearly irrational or wholly incredible. Denton v.
Hernandez, 504 U.S. 25, 33 (1992). Applying these
standards, the Court will dismiss Plaintiff's claims for
violation of the Due Process Clause and the Equal Protection
Clause. The Court will serve the complaint against Defendants
Adam Eldeman and Corizon Medical Services for violation of
the Eighth Amendment because of Defendants' deliberate
indifference to Plaintiff's serious medical need.
I. Factual allegations
is presently incarcerated with the Michigan Department of
Corrections (MDOC) at Lakeland Correctional Facility (LCF) in
Coldwater, Branch County, Michigan. Plaintiff sues Dr. Adam
Eldeman and Corizon Medical Services.
alleges that he underwent colostomy surgery on June 2, 2011,
to address an intramural abscess. He claims the colostomy was
to be reversed three months later. Two months after the
colostomy, he requested the reversal, but Defendant Dr.
Eldeman refused to approve the procedure because, Plaintiff
alleges, Defendant Corizon Medical Services has a policy to
avoid such expensive surgeries. Plaintiff alleges that Dr.
Eldeman has refused subsequent requests for the surgery as
well on the ground that it is not medically necessary.
Plaintiff contends that the failure to reverse the colostomy
is compromising his gastrointestinal function and has caused
him pain and suffering.
seeks a declaration that Defendants' conduct violates the
Eighth Amendment's prohibition of cruel and unusual
punishment, monetary damages, and injunctive relief
compelling Defendants to approve the surgery.
Failure to state a claim
complaint may be dismissed for failure to state a claim if it
fails “‘to give the defendant fair notice of what
the . . . claim is and the grounds upon which it
rests.'” Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355
U.S. 41, 47 (1957)). While a complaint need not contain
detailed factual allegations, a plaintiff's allegations
must include more than labels and conclusions.
Twombly, 550 U.S. at 555; Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (“Threadbare
recitals of the elements of a cause of action, supported by
mere conclusory statements, do not suffice.”). The
court must determine whether the complaint contains
“enough facts to state a claim to relief that is
plausible on its face.” Twombly, 550 U.S. at
570. “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.” Iqbal, 556 U.S.
at 679. Although the plausibility standard is not equivalent
to a “‘probability requirement, ' . . . it
asks for more than a sheer possibility that a defendant has
acted unlawfully.” Iqbal, 556 U.S. at 678
(quoting Twombly, 550 U.S. at 556). “[W]here
the well-pleaded facts do not permit the court to infer more
than the mere possibility of misconduct, the complaint has
alleged - but it has not ‘show[n]' - that the
pleader is entitled to relief.” Iqbal, 556
U.S. at 679 (quoting Fed.R.Civ.P. 8(a)(2)); see also Hill
v. Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010) (holding
that the Twombly/Iqbal plausibility standard applies
to dismissals of prisoner cases on initial review under 28
U.S.C. §§ 1915A(b)(1) and 1915(e)(2)(B)(i)).
state a claim under 42 U.S.C. § 1983, a plaintiff must
allege the violation of a right secured by the federal
Constitution or laws and must show that the deprivation was
committed by a person acting under color of state law.
West v. Atkins, 487 U.S. 42, 48 (1988); Street
v. Corr. Corp. of Am., 102 F.3d 810, 814 (6th Cir.
1996). Because § 1983 is a method for vindicating
federal rights, not a source of substantive rights itself,
the first step in an action under § 1983 is to identify
the specific constitutional right allegedly infringed.
Albright v. Oliver, 510 U.S. 266, 271 (1994).
Eighth Amendment prohibits the infliction of cruel and
unusual punishment against those convicted of crimes. U.S.
Const. amend. VIII. The Eighth Amendment obligates prison
authorities to provide medical care to incarcerated
individuals, as a failure to provide such care would be
inconsistent with contemporary standards of decency.
Estelle v. Gamble, 429 U.S. 102, 103-04 (1976). The
Eighth Amendment is violated when a prison official is
deliberately indifferent to the serious medical needs of a
prisoner. Id. at 104-05; Comstock v.
McCrary, 273 F.3d 693, 702 (6th Cir. 2001). Plaintiff
has adequately alleged that Defendants have been deliberately
indifferent to his serious medical needs in violation of the
Due process and equal protection
also makes passing reference to the due process and equal
protection guarantees of the Fourteenth Amendment. (Compl.,
ECF No. 1, PageID.7) (“The acts and omissions, coupled
with the acts of commissions by both Defendants as set forth
above, collectively, constitutes a denial of fundamental due
process of law, equal protection of the law and a right to be
free of cruel and unusual punishment . . . .”).
Plaintiff offers no distinct factual basis to support either
claim. He simply parrots the terms “due process”
and “equal protection.” While a complaint need
not contain detailed factual allegations, plaintiff's
allegations regarding due process and equal protection fall
short of the detail required by Rule 8(a)(2),
Twombly, 550 ...