Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

Alderson v. Concordia Parish Correctional Facility

By
Plaintiff, a pretrial detainee, filed suit pro se under 42 U.S.C. 1983, alleging that defendants provided him inadequate security and impermissibly delayed medical care. The district court dismissed plaintiff's amended complaint. The court concluded that the district court correctly dismissed plaintiff's failure-to-protect claims against Chief of Security George Byrnes, Administrative Assistant Sheila Spinner, Warden Lance Moore, Captain Kelly Moore, and Captain Jackie Johnson; the district court properly dismissed plaintiff's claims of inadequate medical care against Administrative Assistant Sheila Spinner, Warden Lance Moore, and Head Nurse Debra Cowan; and, although the district court correctly dismissed plaintiff's failure-to-protect claims and plaintiff's medically related claims against Administrative Assistant Sheila Spinner, Warden Lance Moore, and Head Nurse Debra Cowan, the dismissal should have been without prejudice because it is not clear that plaintiff amended his complaint with a sufficient understanding of the inadequacies in his original pleading or that he has pleaded his best case. Accordingly, the court affirmed in part, reversed in part, and remanded for further consideration. View "Alderson v. Concordia Parish Correctional Facility" on Justia Law