Jones v. Vandevander

4 Citing cases

  1. Poindexter v. W.Va. Reg'l Jail Auth./DOC

    Case No. 3:18-cv-01511 (S.D.W. Va. Nov. 14, 2019)   Cited 1 times

    If Plaintiff claims that he is not receiving medical attention for a serious medical need in his present place of incarceration, he must file a separate civil action in the appropriate court. See, e.g., Jones v. Vandevander, No. 7:09-CV-00055, 2009 WL 4709561, at *3 (W.D. Va. Dec. 8, 2009) ("Finally, in his complaint and in two recent submissions, Jones complains that after his transfer, his medical problems continued to bother him at POCC and that no one will send him to a specialist; he asks for the court's help in obtaining appropriate medical treatment. The report construes Jones' two recent submissions (Dkt.

  2. Adams v. Gossatt

    14-CV-1257 (C.D. Ill. Oct. 15, 2014)

    See Sires v Berman, 834 F.2d 9, 12-13 (1st Cir. 1987)(no Eighth Amendment violation based on nurse's rude behavior, particularly in light of fact she assisted inmate with his medication.); Jones v Vandevander, 2009 WL 4709561 at 8 (W.D.Va. Dec. 8, 2009)(nurse who responded rudely including telling inmate to lose weight not sufficient because "[q]uite simply, alleged rudeness or embarrassment are insufficient to evidence deliberate indifference."); Jones v California Dept. of Corrections, 2009 WL 700244 at 5 (E.D.Cal. March 16, 2009) (unprofessional conduct is not material when plaintiff ultimately received examination and medication for his pain). The Plaintiff has also failed to state any claim against Defendant Wexford since he has failed to allege how the medical provider was specifically involved in his claims and he has not articulated an official capacity claim.

  3. Adams v. Gossatt

    14-CV-1257 (C.D. Ill. Aug. 5, 2014)

    See Sires v Berman, 834 F.2d 9, 12-13 (1st Cir. 1987)(no Eighth Amendment violation based on nurse's rude behavior, particularly in light of fact she assisted inmate with his medication.); Jones v Vandevander, 2009 WL 4709561 at 8 (W.D.Va. Dec. 8, 2009)(nurse who responded rudely including telling inmate to lose weight not sufficient because "[q]uite simply, alleged rudeness or embarrassment are insufficient to evidence deliberate indifference."); Jones v California Dept. of Corrections, 2009 WL 700244 at 5 (E.D.Cal. March 16, 2009) (unprofessional conduct is not material when plaintiff ultimately received examination and medication for his pain). The Plaintiff has also failed to state any claim against Defendants Warden Gossatt and Wexford because he only lists them in the caption of his complaint and the list of Defendants.

  4. Petty v. Krause

    1:10-cv-573 (M.D.N.C. Jun. 28, 2012)   Cited 1 times

    Here, Petty's complaint, while notarized, is neither sworn to be true nor signed under penalty of perjury. Thus, it is insufficient to oppose a motion for summary judgment, see Jones v. Vandevander, No. 7:09CV00055, 2009 WL 4709561, at *8 n.2 (W.D. Va. Dec. 8, 2009), and as a result, the only sources of verified facts in the record are the affidavits filed in support of Krause's motion to dismiss. On December 22, 2008, Petty was awaiting trial in the Davidson County (North Carolina) Detention Center (the "DCDC") when he became involved in an altercation with an inmate.