× You have 2 more free articles available this month. Subscribe today.
Tenth Circuit Affirms Dismissal of § 1983 Complaint Which Fails to Specifically Connect Defendants to Alleged Violations
In an unpublished decision, the Tenth Circuit has affirmed the dismissal without prejudice of a Colorado prisoner's §1983 complaint against the present and former wardens of the prison where he is confined. The complaint was dismissed on the ground that the prisoner, Richard Martinez, failed to make the required "affirmative link" between a constitutional violation and any actions taken by either defendant. Rather, Martinez merely asserted in conclusory fashion that the wardens were "responsible for the employees and policies" of the prison.
Martinez's complaint included a long list of grievances, including that prison staff erroneously billed him for medical services, but failed to allege that either warden personally participated in, directed, or was even aware of the violations of which he complained, or that the violations occurred pursuant to a policy implemented by either of them. See: Martinez v. Milyard, Case No. No. 11-1239 (10th Cir. 2011).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Martinez v. Milyard
|Cite||Case No. No. 11-1239 (10th Cir. 2011)|
|Level||Court of Appeals|