MOTION TO DISMISS GRANTED IN PRISONER MEDICAL TREATMENT CLAIM

The Central District of California granted OLG’s motion to dismiss under FRCP 12(b)(6).

Plaintiff, convicted of the murder of his estranged wife, who was active duty military, and her boyfriend, asserted claims for violations of: (1) Bivens under the Eighth Amendment, (2) Federal Tort Claims Act for medical malpractice, and (3) the Rehabilitation Act of 1973 against multiple defendants. He claimed visual impairments including temporary blindness that had begun in early 2023. As of March 2026, he claimed he still had not been properly treated. He alleged that OLG’s client failed and refused to provide proper medical care required for prisoners. OLG’s client had one interaction with Plaintiff while administering a TB shot and told Plaintiff to file a medical cop-out for the eye issue. Plaintiff claimed this was deliberate indifference.

OLG filed the motion to dismiss, Plaintiff opposed, and a reply was filed, although oral argument was not permitted. The District Court agreed with OLG that Plaintiff had failed to show deliberate indifference to state a Bivens claim, failed to state a claim under the Rehabilitation Act, and failed to state a claim for medical malpractice.

Joel Witzman wrote the winning motion to dismiss.