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Williams v. Med-Co Inc

United States District Court, W.D. Virginia, Roanoke Division

May 3, 2019

LARRY J. WILLIAMS, Plaintiff,
v.
MED-CO INC, ET AL., Defendants.

          Larry J. Williams, Pro Se Plaintiff.

          OPINION

          JAMES P. JONES, UNITED STATES DISTRICT JUDGE

         The plaintiff, Larry J. Williams, a Virginia inmate proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983, alleging that he was denied prompt and appropriate medical care at the regional jail. The court notified Williams that his submissions did not make a clear statement of who the defendants were or what each of them had done to violate his constitutional rights and directed him to file an amended complaint to correct these deficiencies. Williams has now submitted his Amended Complaint. Upon review of this submission, I conclude that the action must be summarily dismissed.

         The court provided extensive information to Williams about what a viable Amended Complaint would need to do:

To state a cause of action under § 1983, a plaintiff must establish that he has been deprived of rights guaranteed by the Constitution as a result of conduct committed by a person acting under color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988). The complaint itself must contain sufficient factual details about what each defendant did to violate the plaintiff's rights. See Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009) (“[A] plaintiff must plead that each Government official defendant, through the official's own individual actions, has violated the Constitution”). Moreover, to proceed against an organizational defendant like a jail authority, a plaintiff must show how organizational policies have caused him harm. Williams's current submissions fail to meet these legal standards.
An amended complaint will take the place of all Williams's previously submitted documents. Accordingly, it must make a clear and sufficiently detailed statement of what happened, including, but not limited to: what Williams's medical problem is, what treatment he has received, what requests he has made for additional treatment, actions each defendant took in violation of Williams's constitutional rights, and what harm he has suffered from each defendant's conduct.

         Order 1-2, ECF No. 10. The Order also warned Williams that if he failed to submit “an amended complaint stating all his defendants and claims in one document and correcting the deficiencies noted in the Order, ” this action might be summarily dismissed for failure to state a claim. Id. at 2.

         In response to the court's particularized instructions, Williams submitted the following Amended Complaint:

I applied for sick call over 8 times, and each time I was told I'm on the Dr. list by 3 diffrent [sic] staff members it started on 11-4-2018 with the sick calls! On 11-7-18, 12-31-18, 1-14-19, and 1-27-2019 I filed grievances on the kiosk.
. . . .
I was told by the Doctor that I have a pulled ligament and issued pills for pain in nothing else. My knee has continued to get bigger an[d] swoller [sic] and it starting to draw up in I'm living in constant pain.
. . . .
Regional Jail Authority sub-contract's Med-Co to provide health care for the Inmate population so I'm sueing [sic] South West Virginia Regional Jail Authority and Med-Co. “Regional Jail Authority sub-contracts Med-Co”

         Am. Compl. 2, ECF No. 11. As defendants, Williams names the jail authority and Med-Co, seeking monetary damages, “free medical care for life, ” and for ...


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