Muse v. Justus
Opinion of the Court
ORDER
Gregory Muse, formerly a pretrial detainee at the St. Clair County Jail, appeals from the dismissal of his suit under 42 U.S.C. § 1983 alleging that a prison doctor and the county sheriff were deliberately indifferent toward a rash he developed. Because his complaint failed to state a claim, we affirm.
The district court dismissed his complaint at screening. 28 U.S.C. § 1915A. The court acknowledged that Muse’s skin condition “arguably” constituted a serious medical need, but concluded that Muse did not allege that the defendants failed to take appropriate steps to mitigate a known risk of substantial harm. As for the claim against Justus, the court concluded that Muse failed to allege his personal involvement, and he could not be vicariously liable under § 1988.
On appeal Muse challenges only the dismissal of his claim against Dr. Shaw and now asserts for the first time that the doctor provided him with no treatment whatsoever. We agree with the district court, however, that dismissal was warranted.
Muse incurred one “strike” for filing his complaint and incurs another for this appeal. See 28 U.S.C. § 1915(g); Hains v. Washington, 131 F.3d 1248, 1250 (7th Cir. 1997).
AFFIRMED.
. The court properly noted that deliberate-indifference claims of pretrial detainees are analyzed under the Fourteenth rather than the Eighth Amendment. See Rice v. Corr. Med. Servs., 675 F.3d 650, 664 (7th Cir. 2012).
Reference
- Full Case Name
- Gregory MUSE v. Mearl J. JUSTUS
- Cited By
- 1 case
- Status
- Published