Judge Charles Siragusa
State inmate Gerald’s 42 USC §1983 civil rights complaint alleged that while he was an inmate at the Lakeview Shock Incarceration Correctional Facility in November 2012, he was forced to eat peanut butter under threat by “drill instructors” despite his having indicated that he was allergic to it. As a result, Gerald suffered a severe, respiration-related allergic reaction requiring emergency treatment at a hospital, where he was informed that he could have died from the reaction. Gerald’s motion to withdraw suit was granted on June 5, 2013. Granting leave to proceed in forma pauperis, district court granted Gerald’s letter motion to reopen his case. Gerald’s allegations stated an Eighth Amendment claim. However, the court determined that Gerald’s claim could not be pleaded because the Eleventh Amendment immunized Lakeview from suit under §1983. Because Gerald’s allegations showed that a valid §1983 claim might be stated against individual Lakeview officials or staff who are not immune from suit, the court granted Gerald leave to file an amended complaint—by Feb. 17, 2014—naming any “drill instructor” or facility official who made him eat peanut butter in violation of his Eighth Amendment rights.
