Waters v. Caldwell

1 Citing case

  1. West v. Inch

    No. 19-14467-CV-CANN (S.D. Fla. Jan. 5, 2021)

    “The law is clear that an inmate must demonstrate an ‘actual injury' when alleging a constitutional violation.” Newman v. Duncan, No. 04CV395(TJM/DRH), 2007 WL 2847304, at *5 (N.D.N.Y. Sept. 26, 2007) (citations omitted); see also Waters v. Caldwell, No. 3:20-CV-064-DCLC-DCP, 2020 WL 999823, at *3 (E.D. Tenn. Mar. 2, 2020) (“Plaintiff does not allege that he suffered any physical injury due to this attempted assault on February 7, 2020, [therefore, ] his claims for monetary relief arising therefrom fail to state a claim upon which relief may be granted.”). Moreover, Plaintiff's allegations as to these Defendants are vague and conclusory and he fails to provide examples that these Defendants were subjectively aware that he faced a substantial risk of serious harm.