FLANDERS
v.
LARSEN
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Pro se prisoner Willie James Flanders filed a § 1983 civil rights action against two Florida Department of Corrections officials for allegedly inadequate medical treatment of a preexisting eye injury. The district court dismissed his amended complaint for failure to state a plausible claim of deliberate indifference, finding that the allegations were conclusory and contradicted by the medical records.
Flanders' amended complaint does not state a plausible claim of deliberate indifference. The complaint contains only threadbare recitals of the elements of a deliberate-indifference claim supported by conclusory statements, and the medical records refute his allegations that the defendants ignored his condition.
[1] A claim of medical negligence against a state official, rather than a claim of deliberate indifference to a serious medical need, is properly brought in state court and s…
[2] A plaintiff must allege facts suggesting that a defendant caused a delay in medical treatment to state a plausible claim for deliberate indifference.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements are not enough to state a claim.”
The court applied the Ashcroft v. Iqbal standard requiring factual plausibility, not just conclusory restatement of claim elements.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFlanders is a prisoner in the Florida Department of Corrections who received medical treatment for a preexisting eye injury. He alleged that defendant…
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Before the Court is Plaintiff Willie James Flanders' Amended Complaint (Doc. 10). Flanders is a prisoner of the Florida Department of Corrections, and he sues two officials under 42 U.S.C. § 1983. The Court dismissed Flanders' initial complaint under 28 U.S.C. 1915(e)(2) for failure to state a claim.
Flanders' claims stem from medical treatment he received for a preexisting eye injury. In his original complaint, Flanders alleged Colette Larsen prescribed eye drops that made his vision worse, and he accused Gilbert Noe of delaying a referral to an ophthalmologist. The Court explained why Flanders' initial pleading was deficient:
Flanders' Complaint does not state a plausible § 1983 claim. Flanders does not purport to state a deliberate indifference claim against Larsen. Rather, he correctly characterizes it as a claim of medical negligence. As such, the proper forum is Florida state court, see Estelle, 429 U.S. at 107, and the claim is subject to
Florida's presuit investigation and notice requirements, see Fla. Stat. §§ 766.106, 766.203. Nor does Flanders state a plausible claim against Noe. An official can act with deliberate indifference by delaying treatment of a serious medical need. See Ireland v. Prummell, 53 F. 4th 1274, 1288 (11th Cir. 2022). But Flanders has not alleged any facts suggesting Noe caused a delay in treatment. According to the medical records attached to Flanders' Complaint, Noe ordered a referral to an ophthalmologist the day after Larsen recommended it, and the scheduling department received the order two days later.
(Doc. 7 at 3). The Court gave Flanders leave to amend and cautioned that to survive preliminary review, “an amended complaint must plausibly allege that a defendant was deliberately indifferent to Flanders' vision problems." (Id. at 3-4).
Flanders's Amended Complaint does not state any factual allegations against the defendants. Instead, Flanders recites the elements of a deliberate-indifference claim and makes the conclusory allegation that the defendants sadistically and maliciously ignored his eye condition. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements" are not enough to state a claim. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). What is more, medical records attached to Flanders' original complaint refute his claim that the defendants ignored his condition—Larsen provided treatment and recommended referral to an ophthalmologist, and Noe promptly ordered the referral. The Amended Complaint does not state a plausible claim.
2
Accordingly, it is ORDERED;
Plaintiff Willie James Flanders' Amended Complaint (Doc. 10) is DISMISSED without prejudice for failure to state a claim. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case.
DONE and ORDERED in Fort Myers, Florida on November 15, 2024.
SherPolster Rappell
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
SA: FTMP-1 Copies: All Parties of Record
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Citator
Authorities Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009)
- Ireland v. Prummell, 53 F.4th 1274 (11th Cir. 2022)