Cedric Allen v. J. Rivera
Opinion
Opinion
MEMORANDUM
Following an incident on June 4, 2004, petitioner Cedric Allen filed a pro se complaint under 42 U.S.C. § 1983 alleging ex cessive force and deliberate indifference to serious medical needs in violation of the Eighth Amendment on the part of various staff members of California State Prison-Corcoran. The district court dismissed some claims and granted judgment as a matter of law to the defendant on another; a jury returned a verdict for the defendants on the remaining claims. Allen raises several issues on appeal.
1. The district court properly dismissed Allen’s deliberate indifference claim against Dr. Felin for failure to state a claim. To state a claim, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id.