EXHIBIT "C"
I 93 3 P
Cli¤ti<>¤¢ 1998 U.S. Dist. LEXIS 23397 QEJ -View MDWCG Results (5)
1998 U.S. Dist. LEXIS 23397, * @@
JOHN LLOYD FITZGERALD, Plaintiff, v. MICHELLE SEPTER, DEPARTMENT OF CORRECTION,
OFFICER CUMMINGS, and PRISON HEALTH SERVICES, INC., Defendants.
Civ. A. No. 97-663-JJF
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
1998 U.S. Dist. LEXIS 23397
July 27, 1998, Decided
DISPOSITION: [*1] Defendants' Motion To Dismiss granted.
COUNSEL: John Lloyd Fitzgerald, Plaintiff, Pro se.
Kerry Doyle-Shannon, Esq., WHITE & WILLIAMS, Wilmington, Delaware, Attorney for
Defendants Michelle Septer and Prison Health Services, Inc.
Allison L. Peters, Esq., State of Delaware, Department ofJustice, Wilmington, Delaware,
Attorney for Defendants Department of Correction and Officer Cummings.
For PRISON HEALTH SERVICES, INC., defendant: John D. Balaguer, Kerry Doyle-Shannon,
White & Williams, Wilmington, DE.
JUDGES: Joseph J. Farnan, Jr., Chief Judge.
OPINION BY: Joseph J. Farnan, Jr.
OPINION: MEMORANDUM OPINION
July 27, 1998
Wilmington, Delaware
FARNAN, Chief Judge.
Presently before the Court is State Defendants Department of Correction's and Officer
Cummings' Motion To Dismiss (D.I. 27). State Defendants seek dismissal of Plaintiff's
Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a
claim upon which relief can be granted.
Plaintiff is an state prisoner committed to the custody of the Delaware Department of
Correction. In his Complaint, Plaintiff alleges that while incarcerated in the Webb Correctional
Facility, his right [*2] to be free from cruel and unusual punishment under the Eighth and
Fourteenth Amendments was violated by virtue of the State Defendants' failure to provide
adequate medical treatment to him when his fell from his bed on June 9, 1997. (D.I. 4).
Defendants base their Motion To Dismiss on their contention that Plaintiff has not alleged
facts sufficient to establish a deliberate indifference to Plaintiff's serious medical needs,
required under Estelle v. Gamble, 429 U.S. 97, 50 L. Ed. 2d 251, 97 S. Ct. 285 (1976). E]
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PIaintiff's Complaint alleges that after he fell he received medical attention from the medical
staff. The Court reads PIaintiff's Complaint to allege Plaintiff's dissatisfaction with the medical
care that he was provided. The Complaint does not assert any fac hat could support an
allegation of deliberate indifference. See Estelle, 429 U.S. at Therefore, because
mere dissatisfaction with the medical care administered to a prisoner is insufficient to support
a cognizable claim under 42 U.S.C. § 1983, Defendants' Motion To Dismiss (D.I.
27) will be granted.
An appropriate Order will be entered.
ORDER [*3]
At Wilmington, this 27th day of July, 1998 for the reasons set forth in the Memorandum
Opinion issued this date, IT IS HEREBY ORDERED that State Defendants Department of
Correction's and Officer Cummings‘ Motion To Dismiss (D.I. 27) is GRANTED.
Joseph J. Farnan, Jr.
UNITED STATES DISTRICT JUDGE
Service: Get by LEXSEE®
Citation: 1998 U.S. Dist. LEXIS 23397 -View MDWCG Results (5)
View: Full
Date/Time: Thursday, May 31, 2007 - 3:12 PM EDT
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