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The full text of §1915A reads:

(a) Screening.--The court shall review, before docketing, if feasible or, in any event, as soon as practicable after

docketing, a complaint in a civil action in which a prisoner

seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal.--On review the court shall

identify cognizable claims or dismiss the complaint, or any

portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

James H. Lawson, Jr.,

Plaintiff

 v.

Jessica McQuate, et al.,

Defendants

:

:

:

:

:

Civil Action 2:12-cv-0533

Judge Smith

Magistrate Judge Abel

INITIAL SCREENING

REPORT AND RECOMMENDATION

Plaintiff James H. Lawson, Jr., an inmate at Chillicother Correctional Institution,

brings this prisoner civil rights action under 42 U.S.C. §1983 alleging that defendants

have denied him medical care. This matter is before the Magistrate Judge for a Report

and Recommendation on initial screening of the complaint pursuant to 28 U.S.C.

§1915A(a) and (b)1

 and 42 U.S.C. §1997e(c) to identify cognizable claims, and to dismiss

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claim upon which relief may be granted; or

(2) seeks monetary relief from a defendant who

is immune from such relief.

(c) Definition.--As used in this section, the term "prisoner" means any person incarcerated or detained in any

facility who is accused of, convicted of, sentence for, or adjudicated delinquent for, violations of criminal law or terms

and conditions of parole, probation, pretrial release, or

diversionary program.

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the complaint, or any portion of it, which is frivolous, malicious, fails to state a claim

upon which relief may be granted, or seeks monetary relief from a defendant who is

immune from such relief. The Magistrate Judge finds that the complaint fails to state a

claim upon which relief may be granted against defendants Charles Jenkins, Beth Higginbothum, Alice Ault, Corby Free, Dr. Gary Artrip, Dr. Larry Houts, Terry Harris, and

Mona Parks and therefore RECOMMENDS dismissal of the complaint as to those

defendants. The lawsuit shall continue as to plaintiff’s claims against defendants Jessica

McQuate and Dino Cardaras.

The complaint alleges that on July 21, 2010 plaintiff James H. Lawson, Jr. was

seen by defendant nurse Dino Cardaras for complaints of a headache, dizziness, fever

and tightness in his chest. Cardaras dismissed the large reddish spot/mark on Lawson's

left leg as heat rash. He did not take Lawson's temperature because there were no probe

covers, but Cadaras nonetheless recorded his temperature in his notes. Before leaving

the medical office, Lawson asked to see a doctor. That request was denied. Complaint,

¶¶ 5-6. It is the "Culture of Care" at the Chillicothe Correctional Institution to deny

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medical care to inmates. Id., Complaint, ¶ 7.

Within 24 hours, Lawson was admitted to the Ohio State University Medical

Center, where he was placed in the infectious disease unit and given antibiotics. When

he returned to the Chillicothe Correctional Institution on July 27, he was to continue

taking the prescribed antibiotics. But when he arrived at the prison, no steps were taken

to insure that he received the prescribed medication. Complaint, ¶¶ 2 and 7. Instead,

defendant nurse Jessica McQuate cleared Lawson for return to the general population,

where he did not receive the antibiotics. Complaint, ¶¶ 2-3. Lawson then experienced

increased pain and swelling in his left foot. His request for crutches was denied.

McQuate and Cardaras made no effort to assess or inquire into why Lawson needed

crutches. Lawson was returned to the Ohio State University Medical Center. Complaint, ¶ 3. 

The complaint further contains the conclusory allegation that defendants Charles

Jenkins, Beth Higginbothum, Alice Ault, Corby Free, Dr. Gary Artrip, Dr. Larry Houts,

Terry Harris, and Mona Parks "have all directly or indirectly conspired with others to

covery-up their misconduct and negligent medical care" by failing to favorably act on

his grievances. Complaint, ¶¶ 9-12.

Rule 8(a), Federal Rules of Civil Procedure provides for notice pleading. Conley

v. Gibson, 355 U.S. 41, 47 (1957). The United States Supreme Court held in Erickson v.

Pardus, 551 U.S. 89, 93 (2007):

. . . Rule 8(a)(2) requires only "a short and plain statement of the claim

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showing that the pleader is entitled to relief." Specific facts showing that

the pleader is entitled to relief are not necessary; the statement need only

"'give the defendant fair notice of what the . . . claim is and the grounds

upon which it rests.': Bell Atlantic Corp. v. Twombly, 550 U.S. 554, 555, 127

S.Ct. 1955 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).

Moreover, pro se complaints must be liberally construed. Erickson, 551 U.S. at 94; Hughes

v. Rowe, 449 U.S. 5, 9-10 (1980). Nonetheless, "a complaint must contain sufficient factual

matter, accepted as true, to 'state a claim to relief that is plausible on its face.' Twombly,

550 U.S. at 570." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009).

The Eighth Amendment forbids prison officials from “unnecessarily and wantonly inflicting pain” on an inmate by acting with “deliberate indifference” toward the

inmate’s serious medical needs. Estelle v. Gamble, 429 U.S. 97, 104 (1976). To demonstrate an Eighth Amendment deprivation, a prisoner must show that a prison official

acted with deliberate indifference to his serious medical needs. There is both an objective and a subjective component to a cruel and unusual punishment claim. Scott v.

Ambani, 577 F.3d 642, 648 (6th Cir. 2009). The objective component requires a plaintiff

to demonstrate that the medical need was “serious.” Id. A serious medical need is “one

that has been diagnosed by a physician as mandating treatment or one that is so obvious that even a lay person would easily recognize the necessity for a doctor’s attention.” Harrison v. Ash, 539 F.3d 510, 518 (6th Cir. 2008). To meet the subjective component, a complaint must plead “facts which show that the prison official had a ‘sufficiently

culpable state of mind.’ [Brennan v.] Farmer, 511 U.S. [825], 834 [(1994)]; Comstock [v.

McCrary, 273 F.3d 693], 834 [(6th Cir. 2001).” Prison officials are liable only if they know

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of and disregard “an excessive risk to inmate health or safety; the official must both be

aware of facts from which the inference could be drawn that a substantial risk of serious

harm exists, and he must draw the inference.” Farmer v. Brennan, 511 U.S. 825, 837

(1994). Mere negligence does not constitute deliberate indifference. See, Estelle, 429 U.S.

at 106. Further, a prisoner does not state a claim merely by pleading that he disagrees

with the diagnosis or treatment. Estelle, 429 U.S. at 107-08; Westlake v. Lucas, 537 F.2d

857, 860 n. 5 (6th Cir. 1976).

Nonetheless, prison officials may not entirely insulate themselves from liability

under § 1983 simply by providing some measure of treatment. Deliberate indifference

may be established in cases where it can be shown that a defendant rendered “grossly

inadequate care” or made a “decision to take an easier but less efficacious course of

treatment.” Terrance v. Northville Reg'l Psychiatric Hosp., 286 F.3d 834, 843 (6th Cir.2002)

(quoting McElligott v. Foley, 182 F.3d 1248, 1255 (11th Cir. 1999)); see also Chance v. Armstrong, 143 F.3d 698, 704 (2d Cir. 1998). A complaint states a claim when it alleges that

“prison authorities have denied reasonable requests for medical treatment in the face of

an obvious need for such attention where the inmate is thereby exposed to undue

suffering or the threat of tangible residual injury.” Westlake, 537 F.2d at 860; Scott v.

Ambani, 577 F.3d at 648. 

Here the complaint is sufficient on initial screening to state a claim against

defendants Jessica McQuate and Dino Cardaras; however, the complaint fails to state a

claim upon which relief may be granted against defendants Charles Jenkins, Beth

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Higginbothum, Alice Ault, Corby Free, Dr. Gary Artrip, Dr. Larry Houts, Terry Harris,

and Mona Parks. There only role in Lawson's treatment was to respond to his grievances. Prison officials whose only roles “involve their denial of administrative grievances and their failure to remedy the alleged retaliatory behavior” cannot be liable

under §1983. Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999); see also Bellamy v.

Bradley, 729 F.2d 416, 421 (6th Cir. 1984); Hays v. Jefferson County, 668 F.2d 869, 874 (6th

Cir. 1982). None of these defendants is alleged to have taken any action to intentionally

subject Lawson to cruel and unusual punishment by acting with deliberate indifference

to his serious medical needs or to facilitate Cardaras's and McQuate's alleged actionable

conduct.

Accordingly, it is hereby RECOMMENDED that the complaint be DISMISSED

as to defendants Charles Jenkins, Beth Higginbothum, Alice Ault, Corby Free, Dr. Gary

Artrip, Dr. Larry Houts, Terry Harris, and Mona Parks for failure to state a claim

against them under 42 U.S.C. §1983. The lawsuit shall continue as to plaintiff’s claims

against defendants Jessica McQuate and Dino Cardaras. 

IT IS FURTHER ORDERED that the United States Marshal serve upon each

defendant named in part III, B and C of the form civil rights complaint a summons, a

copy of the complaint, and a copy of this Order. Defendants Charles Jenkins, Beth

Higginbothum, Alice Ault, Corby Free, Dr. Gary Artrip, Dr. Larry Houts, Terry Harris,

and Mona Parks are not required to answer the complaint unless later ordered to do so

by the Court.

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Defendants Jessica McQuate and Dino Cardaras are ORDERED to respond to

the complaint within 45 days of being served with summons and complaint.

The Clerk of Court is DIRECTED to mail a copy of this Order to the Attorney

General of Ohio, Corrections Litigation Section, 150 East Gay St., 16th Floor, Columbus,

OH 43215.

If any party objects to this Report and Recommendation, that party may, within

fourteen (14) days, file and serve on all parties a motion for reconsideration by the

Court, specifically designating this Report and Recommendation, and the part thereof

in question, as well as the basis for objection thereto. See 28 U.S.C. §636(b)(1)(B); Fed. R.

Civ. P. 72(b).

The parties are specifically advised that failure to object to the Report and

Recommendation will result in a waiver of the right to de novo review by the District

Judge and waiver of the right to appeal the judgment of the District Court. Thomas v.

Arn, 474 U.S. 140, 150-152 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). 

See also Small v. Secretary of Health and Human Services, 892 F.2d 15, 16 (2d Cir. 1989).

s/Mark R. Abel 

United States Magistrate Judge

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