Grisby v. Cobb County Adult Detention Center et al, No. 1:2008cv03338 - Document 3 (N.D. Ga. 2008)
https://law.justia.com/cases/federal/district-courts/georgia/gandce/1:2008cv03338/154849/3/

Plaintiff sets forth the following allegations. He was admitted to the Cobb County Adult Detention Center on September 6, 2007, at which time he informed the medical staff that he was taking medication for both high blood pressure and post traumatic stress disorder(PTSD).Although he received his blood pressure medication the next day, he waited at least "a whole complete month" for his PTSD medications, perhaps longer,' despite submitting "numerous medical request[s]." (CvmpL ¶ IV.)Plaintiff seeks injunctive relief and compensatory and punitive damages, as well as"any other damages" to which the Court deems him entitled, "for the physical andmental pain and suffering" caused by the alleged deprivation of his PTSD medications while at the Cobb County Adult Detention Center. (Id. ¶ V.) Plaintiff does not allege any specific consequences arising from this alleged deprivation.
The Eighth Amendment prohibits indifference to a serious medical need so deliberate that it "constitutes the unnecessary and wanton infliction of pain." Estelle v. Gamble, 429 U.S. 97,104(1976)(citation and internal quotations omitted). "In this circuit, it is established that psychiatric needs can constitute serious medical needs and that the quality of psychiatric care one receives can be so substantial a deviation from
accepted standards as to evidence deliberate indifference to those serious psychiatricneeds." Steep v. Shah, 87 F.3d 1266, 1269(i l th Cir. 199b)

case dismissed.

However, Plaintiff alleges only that he experienced "physical and mental pain and suffering" as the result of being deprived of his PTSD medications. (Compl. ¶ V.) This "formulaic recitation" fails to state a claim for relief under § 1983. See Twombly, 127 S. Ct. at1964-65(noting that "plaintiff's obligation to provide the grounds' of hisentitle[ment] to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do") (citation omitted) (edits in original).'

As to his claim in equity:

Because Plaintiff is no longer incarcerated at the Cobb County Adult Detention Center,he may not obtain injunctive relief in this case. See McKinnon v. Talladega County, 745 F.2d 1360,1363(11th.Cir.1984)(stating that, in general, "a prisoner's transfer or release from a jail moots his individual claim for declaratory and injunctive relief")