Israel v. Worral
Decision Date | 09 October 2014 |
Docket Number | Case No. 3:14-cv-00158-TMB |
Court | U.S. District Court — District of Alaska |
Parties | ADAM ISRAEL, Plaintiff, v. DR. WORRAL, et al., Defendants. |
Adam Israel, representing himself, filed a Prisoner's Civil Rights Complaint under 42 U.S.C. § 1983.1 The Court granted Israel's Application to Proceed without Prepayment of the Filing Fee and issued an Order Directing Service and Response, but denied his Motion for Appointment of Counsel.2 Israel has now moved for reconsideration as to the Court's denial of appointment of counsel.3
When reviewing the Complaint, as required under 28 U.S.C. § 1915, the Court understood Israel to be alleging that he is being involuntary medicated in violation of the Due Process Clause.4 In his Motion for Reconsideration, however, Israel explains that the Court has misinterpreted his case:
The sole purpose of this action is to refute the diagnosis by proving that it is unfounded.5
This Court has no jurisdiction over Israel's medical malpractice case.
6 It is Israel's burden, as the plaintiff, to show that the Court has jurisdiction to hear his claims.7 the plaintiff must show that (1) a defendant "act[ed] under color of state law"; to (2) "deprive [the plaintiff] of a constitutional right."8
As explained by the United States Supreme Court, "[m]edical malpractice does not become a constitutional violation merely because the victim is a prisoner."9 The Court does not have jurisdiction over negligence or malpractice actions.10 Because Israel clarifies that he is bringing a malpractice action for being "falsely diagnosed with a severe mental illness,"11 rather than claiming a constitutional violation, as the Court previously understood, his case must be dismissed for failure to state a claim under 28 U.S.C. § 1915.12
IT IS THEREFORE ORDERED:
1. This case is DISMISSED, under 28 U.S.C. § 1915(e)(2)(B)(ii), without prejudice to bringing a medical malpractice case in the state courts.13
2. All outstanding motions are DENIED.
3. The Clerk of Court is directed to enter a Judgment in this action.
Dated at Anchorage, Alaska this 9th day of October, 2014.
1. Docket 1.
2. Dockets 3-5, 7, 8.
3. Docket 9.
4. Docket 7 at 1-2 () (citations omitted); see also United States v. Loughner, 672 F.3d 731, 744 (9th Cir. 2012) ( )(quoting Washington v. Harper, 494 U.S. 210, 221-22 (1990)) (internal quotation marks omitted).
5. Docket 9 at 1-2 (footnotes omitted).
6. Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 377 (1994) (citations omitted); see also Black's Law Dictionary (9th ed. 2009) (Jurisdiction is "[a] court's power to decide a case or issue a decree.").
7. See K2 America Corp. v. Roland Oil & Gas, LLC, 653 F.3d 1024, 1027 (9th Cir. 2011) () (quoting Kokkonen, 511 U.S. at 377).
8. Rehberg v. Paulk, ___ U.S. ___, 132 S.Ct. 1497, 1501 (2012) (citations and internal quotations omitted).
10. See Neitzke v. Wiliams, 490 U.S. 319, 321-22 (1989) ().
11. Docket 9 at 1.
12. But see Hertz v. Beach, 211 P.3d 668 (Alaska 2009) ( ).
13. See AS 09.55.530-560 (statutes governing medical malpractice actions in Alaska); see also ...
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