MATTHEW W. BRANN, District Judge.
Plaintiff Stephen Strawn, a prisoner presently confined at the State Correctional Institution at Rockview in Bellefonte, Pennsylvania, filed a Second Amended Complaint pursuant to 42 U.S.C. § 1983 alleging, inter alia, violations of Plaintiff's First, Eighth, and Fourteenth Amendment rights related to his prison conditions and medical treatment while Plaintiff was incarcerated at the Lebanon County Correctional Facility.
Plaintiff alleges that at all times relevant to the amended complaint, he was incarcerated at the Lebanon County Correctional Facility.
According to Plaintiff, Defendants Robert J. Karnes, Timothy L. Clement, Anthony J. Hauck, and Captain of Security Michael L. Ott, violated his First Amendment right against discrimination.
Plaintiff also alleges that these same defendants violated his Eighth Amendment right against cruel and unusual punishment because Plaintiff has been housed in unconstitutional conditions of confinement.
Plaintiff next argues that Defendants Karnes, Hauck, and Counselor Rebecca Davis violated his Fourteenth Amendment right of access to the courts.
Plaintiff alleges that Defendant Sergeant Fulton, the kitchen steward of the LCCF, and Dr. Yocum, the supervisor of the medical department of LCCF, violated his Eighth Amendment right against cruel and unusual punishment.
Plaintiff alleges that Defendant Dr. Powers, the supervisor of psychology, has also violated his Eighth Amendment right against cruel and unusual punishment.
All defendants have moved to dismiss the claims against them, primarily because Plaintiff has failed to allege their personal involvement in the alleged constitutional violations.
Under this Court's Local Rules, Plaintiff had until May 17, 2019 to file briefs in opposition to the motions.
Rule 8 of the Federal Rules of Civil Procedure provides that a pleading must set forth a claim for relief which contains a short and plain statement of the claim showing that the pleader is entitled to relief; the complaint must provide the defendant with fair notice of the claim.
The onus is on the plaintiff to provide a well-drafted complaint that alleges factual support for its claims. "While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the `grounds' of his `entitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do."
Once the court winnows the conclusory allegations from those allegations supported by fact, which it accepts as true, the court must engage in a common sense review of the claim to determine whether it is plausible. This is a context-specific task, for which the court should be guided by its judicial experience. The court must dismiss the complaint if it fails to allege enough facts "to state a claim for relief that is plausible on its face."
The Local Rules provide that any party who fails to file a brief in opposition to a motion to dismiss "shall be deemed not to oppose such motion." See Local Rule 7.6. The United States Court of Appeals for the Third Circuit has explained that, "if a party fails to comply with [Local Rule 7.6] after a specific direction to comply from the court," dismissal may be appropriate without analysis of the underlying motion.
Here, the Court has issued a specific direction to Plaintiff to file an opposition to the motions to dismiss and explained to Plaintiff that a failure to do so would result in the motion being deemed unopposed. Plaintiff has been put on notice of Local Rule 7.6 both in the Court's prior order as well as the Court's standing practice order, which was sent to Plaintiff at the commencement of his lawsuit.
Indeed, after reviewing the motions to dismiss, the Court finds good cause for granting them pursuant to Federal Rule of Civil Procedure 12(b)(6), because Plaintiff has failed to allege the personal involvement of any defendant. "A defendant in a civil rights action `must have personal involvement in the alleged wrongs to be liable,' and `cannot be held responsible for a constitutional violation which he or she neither participated in nor approved.'"
Plaintiff makes no allegations of personal involvement sufficient to trigger § 1983 liability against Defendants Timothy L. Clements, Rebecca Davis, Anthony J. Hauck, Robert Karnes, and Michael L. Ott. As the Court has noted supra, Plaintiff merely identifies these individuals as defendants who have violated his constitutional rights, but does not allege how each defendant was personally involved in the violation of that right. In order to state a plausible claim for relief that can withstand a Rule 12(b)(6) challenge, Plaintiff must allege facts that demonstrate how each defendant was involved in each violation of his rights. As such, Plaintiff has failed to state a claim upon which relief may be granted as to these Defendants, who must be dismissed from this lawsuit.
Plaintiff's claims against Defendants Dr. Yocum and Dr. Powers fail for similar reasons. As to Defendant Dr. Powers, the Court will grant the motion to dismiss as to the Eighth Amendment medical claim asserted against him because there are no allegations that Dr. Powers was personally involved in the decision to change Plaintiff's medications. Plaintiff only identifies Dr. Powers as the supervisor of psychology, but liability under § 1983 cannot be predicated on a theory of respondeat superior. The same pleading defects are fatal to Plaintiff's Eighth Amendment claim against Dr. Yocum. Plaintiff fails to include any factual allegation that details Dr. Yocum's personal involvement in Plaintiff's requests for medical treatment for his weight loss; Dr. Yocum is only identified as the supervisor of the medical department. Because Plaintiff has failed to allege how these defendants were personally involved in the alleged violations of his rights, he has failed to state a claim upon which relief may be granted and Defendants Dr. Yocum and Dr. Powers must also be dismissed from this lawsuit.
Generally, "plaintiffs who file complaints subject to dismissal under Rule 12(b)(6) should receive leave to amend unless amendment would be inequitable or futile."
For the foregoing reasons, the Court will grant the motions to dismiss, dismiss the second amended complaint, and grant Plaintiff leave to file an amended complaint.
An appropriate Order follows.