applying Monell to claims against medical contractor
How later courts described this case
- applying Monell to claims against medical contractor
- “It is obduracy and wantonness, not inadvertence or error in good faith, that characterize the conduct prohibited by the Cruel and Unusual Punishments Clause.”
- “Each Government official, his or her title notwithstanding, is only liable for his or her own misconduct.” (quoting Iqbal, 556 U.S. at 677)
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALFREDO PEREZ-MARTINEZ, :
Plaintiff, :
:
v. : CIVIL ACTION NO. 24-CV-5017
:
THE COUNTY OF :
UNION PENNA, et al., :
Defendants. :
MEMORANDUM
PADOVA, J. JULY 17, 2025
Plaintiff Alfredo Perez-Martinez1 commenced this pro se action in September 2024
alleging that his civil rights were violated while he was housed at SCI Chester due to inadequate
medical care. Named as Defendants are: “The County of Union Penna,” Superintendent Gina
Clark, Dr. Little, Mrs. Favoloro, SCI Chester, SCI Chester Medical Department, and Wellpath.
(Compl. at 1-2.)2
1 The Complaint lists the Plaintiff’s name as Alfredo Perez-Martinez and Alfredo Perez
with an inmate number of QP-1055. (See, e.g., ECF No 1 at 2, 11; ECF No. 1-1 at 2.)
Subsequent filings by the Plaintiff were submitted under the name Alfredo Martinez Perez. (See
ECF Nos. 4 and 10.) Additionally, a prior civil action alleging inadequate medical care to treat a
low back condition was filed by this Plaintiff under the name Alfredo Martinez-Perez. See
Martinez-Perez v. Clark, Civ. A. No. 23-3972, 2024 WL 128211 (E.D. Pa. Jan. 11, 2024), aff’d,
No. 24-1672, 2024 WL 4589228 (3d Cir. Oct. 28, 2024). Accordingly, the Court understands the
Plaintiff’s name to be Alfredo Martinez Perez, Inmate #QP-1055.
2 Perez’s Complaint consists of the court’s preprinted form complaint for use by prisoners
alleging civil rights violations, as well as a handwritten supplement. (See ECF Nos. 1 and 1-1.)
He also attached as an exhibit a letter from the Mexican consulate in support of his request for
medical treatment. (ECF No. 1-1 at 1.) The Court will consider the entire submission as the
Complaint. The Court adopts the sequential pagination supplied by the CM/ECF docketing
system.
By Order dated February 19, 2025, the Court took judicial notice of the filing of a
voluntary petition for relief pursuant to Chapter 11 of the Bankruptcy Code by Wellpath
Holdings, Inc. in the United States Bankruptcy Court for the Southern District of Texas, Houston
Division, see In Re Wellpath Holdings, Inc., No. 24-90533 (Bankr. S.D. Tx.), and the Orders of
the Bankruptcy Court enforcing the automatic stay under 11 U.S.C. § 362(a), because it appeared
that Perez named a Defendant that was covered by the automatic stay. (ECF No. 8.) In
accordance with the automatic stay and consistent with the Court’s inherent power to manage its
docket, see R & C Oilfield Servs. LLC v. Am. Wind Transp. Grp. LLC, 45 F.4th 655, 661 (3d Cir.
2022) (quoting Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)), the Court stayed this
matter. (See ECF No. 8.) In light of the subsequent Confirmation of the Plan of Reorganization
under Chapter 11 of the Bankruptcy Code filed by Wellpath Holdings, Inc., see In Re Wellpath
Holdings, Inc., No. 24-90533 (Bankr. S.D. Tx. May 1, 2025) (Bankr. Doc. No. 2596), the stay
was lifted by Order dated May 21, 2025. (ECF No. 9.) Perez’s application to proceed in forma
pauperis was granted at that time.3 (Id.)
Perez’s Complaint is now ripe for statutory screening pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii). For the following reasons, the Court will dismiss the Complaint. Perez will
be granted leave to file an amended complaint in the event he can cure the deficiencies noted by
the Court.
3 The May 21, 2025 Order also directed Perez to complete and return the Declaration
form attached to the Order which, inter alia, queried Perez : (1) whether he had submitted a
Proof of Claim to the Bankruptcy Court or to Wellpath’s Claims Agent; and (2) whether Perez
had submitted to Wellpath, its Claims Agent, or the Bankruptcy Court, an objection to or motion
for relief from the Automatic Stay, an objection to the confirmation of Wellpath’s Chapter 11
plan, and/or a ballot or other communication affirmatively expressing an intent to opt out of the
Third-Party Release. (See ECF No. 9.) Perez returned a signed Declaration form that was
entered on the docket on June 10, 2025, which provided no response as to Question (1) and an
affirmative response as to Question (2). (See ECF No. 10.)
I. FACTUAL ALLEGATIONS
Perez alleges that he received ineffective medical care at SCI Chester for the treatment of
a painful, bleeding boil in his armpit, and that he was treated poorly by the medical and security
staff. (See Compl. at ECF 1-1 at 2-4.) Perez first sought treatment for his condition in January
2024. (Id. at 3.) At the time of the filing of his Complaint in September 2024, he continued to
seek treatment. (Id. at 4.) He claims that Defendant Dr. Little and “Dr. Nicholas,” who is not
named as a Defendant, told him that “insurance does not cover it” and refused to render medical
care. (Id. at 2.) When Perez complained about his boil to Sergeant Samuel, who also is not
named as a Defendant, Sergeant Samuel told Perez that he “did not give a sh--” and that Perez
should go back to his country, calling Perez an “f—ing Mexican.” (Id.) Perez notes that he filed
grievances regarding his poor treatment by security staff and medical staff. (Id.)
Perez included in his Complaint a chronology of the events underlying his claims. (See
id. at 3-4.) He alleges he discovered an abscess in his armpit on January 2, 2024, and that he put
in a sick call request on January 14 due to excessive bleeding of the abscess. (Id. at 3.) On
January 16, Dr. Little gave Perez a “‘wound care’ pass” for one week, as well as medication,
which Perez asserts was not helpful. (Id.) On February 10, Perez submitted another sick call
request and was seen and treated by Dr. Little because the abscess continued to bleed. (Id.) On
May 14, Perez submitted another sick call request because the abscess continued to bleed and
“he refused treatment.” (Id.) On May 31, “Doctor” told Perez that insurance would not pay for
surgery to treat the abscess. (Id.) On June 14, a representative of the Mexican consulate met
with Perez regarding his medical issue. (See id. at 1, 3.) On June 20, Dr. Little “told [Perez] he
would start treating the abscess.” (Id. at 3.) Perez saw Dr. Little again on June 28 and was given
medication, although Perez contends that it was ineffective. (Id.) Perez submitted a sick call
request on July 9 and was taken to the medical department on July 10. (Id.) He alleges that
when he arrived, “the doctor” refused to see him and when Perez informed the doctor that the
medication was ineffective, he was told to find a new doctor. (Id.)
On August 5, Perez was seen by “Dr. Nicholson,” who told him that he was to be sent to
a specialist the following day. (Id.) On August 6, Sergeant Samuel allegedly told Perez to “go
back to your country and take care of your sh-- over there.” (Id.) On September 3, Perez put in
another sick call request and was taken to the medical department on September 5, when the
“Doctor” told him that insurance “won’t pay for it.” (Id. at 4.) Perez again saw Dr. Little on
September 9. (Id.) He contends that Dr. Little did not want to help him and kicked Perez out of
his office. (Id.) At the time of the filing of the Complaint, Perez alleged that he continued to
experience pain and bleeding from the abscess. (Id.) As relief, Perez requests monetary
compensation and assistance in obtaining medical attention. (Id. at 2, 4.)
II. STANDARD OF REVIEW
Because Perez has been granted in forma pauperis status, 28 U.S.C. § 1915(e)(2)(B)
requires the Court to dismiss the Complaint if, among other things, it fails to state a claim.
Whether a complaint fails to state a claim under § 1915(e)(2)(B)(ii) is governed by the same
standard applicable to motions to dismiss under Federal Rule of Civil Procedure 12(b)(6), see
Tourscher v. McCullough, 184 F.3d 236, 240 (3d Cir. 1999), which requires the Court to
determine whether the complaint contains “sufficient factual matter, accepted as true, to state a
claim to relief that is plausible on its face,” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
(quotation omitted). See also Talley v. Wetzel, 15 F.4th 275, 286 n.7 (3d Cir. 2021) (quoting
Iqbal, 556 U.S. at 678). At the screening stage, the Court will accept the facts alleged in the pro
se Complaint as true, draw all reasonable inferences in the Perez’s favor, and ask only whether
the Complaint “contains facts sufficient to state a plausible . . . claim. Shorter v. United States,
12 F.4th 366, 374 (3d Cir. 2021), abrogation on other grounds recognized by Fisher v.
Hollingsworth, 115 F.4th 197, 204 (3d Cir. 2024). Conclusory allegations do not suffice. Iqbal,
556 U.S. at 678.
As Perez is proceeding pro se, the Court construes his allegations liberally. Vogt v.
Wetzel, 8 F.4th 182, 185 (3d Cir. 2021) (citing Mala v. Crown Bay Marina, Inc., 704 F.3d 239,
244-45 (3d Cir. 2013)). The Court will “apply the relevant legal principle even when the
complaint has failed to name it.” Id. (quoting Mala, 704 F.3d at 244). However, “pro se
litigants still must allege sufficient facts in their complaints to support a claim.” Id. (quoting
Mala, 704 F.3d at 245). An unrepresented litigant ‘cannot flout procedural rules — they must
abide by the same rules that apply to all other litigants.” Id. (quoting Mala, 704 F.3d at 245).
III. DISCUSSION
Perez asserts constitutional claims pursuant to 42 U.S.C. § 1983. “To state a claim under
§ 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the
United States, and must show that the alleged deprivation was committed by a person acting
under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988). Perez’s claims are best
construed as alleging that he was denied medical care in violation of his Eighth Amendment
rights. However, as explained below, claims are not plausible as pled.
A. Claims Against “The County of Union, Penna”
The Court will dismiss “The County of Union, Penna” as a Defendant in this matter. It
appears that this Defendant was listed on page two of the Complaint in error and is a reference to
Perez’s prior civil action. See Martinez-Perez v. Clark, et al., Civ. A. No. 23-3972 (ECF No. 1
at 4) (describing Perez’s lower back injury that was the subject of that case and noting that he
had brought it to the attention of the medical department of every institution in which he was
held, including Union County Prison). Because there is not any plausible connection between
Union County, Pennsylvania, and the events of this lawsuit, this Defendant will be dismissed
with prejudice for failure to state a claim.
B. Claims Against SCI Chester and SCI Chester Medical Department
States are not considered “persons” for purposes of § 1983. See Will v. Mich. Dep’t of
State Police, 491 U.S. 58, 65-66 (1989). Furthermore, the Eleventh Amendment bars suits
against a state and its agencies in federal court when the state has not waived that immunity, id.,
and the Commonwealth of Pennsylvania has not waived that immunity. See 42 Pa. Cons. Stat. §
8521(b). As a prison within Pennsylvania’s Department of Corrections, SCI Chester is entitled
to Eleventh Amendment immunity and is also not a “person” for purposes of § 1983. Lavia v.
Pennsylvania, Dep’t of Corr., 224 F.3d 190, 195 (3d Cir. 2000) (explaining that, “[b]ecause the
Commonwealth of Pennsylvania’s Department of Corrections is a part of the executive
department of the Commonwealth, it shares in the Commonwealth’s Eleventh Amendment
immunity” (citation omitted)); Pettaway v. SCI Albion, 487 F. App’x 766, 768 (3d Cir. 2012)
(per curiam) (“[A]s a state agency and the prison it administers, the Department of Corrections
and SCI Albion are not ‘persons’ and thus cannot be sued under 42 U.S.C. § 1983.” (citation
omitted)). Similarly, the United States Court of Appeals for the Third Circuit has made clear that
a prison medical department is not a “person” for purposes of § 1983 liability. Ruff v. Health
Care Adm’r, 441 F. App’x 843, 845-46 (3d Cir. 2011) (per curiam) (citing Fischer v. Cahill, 474
F.2d 991, 992 (3d Cir. 1973)). The Court will therefore dismiss the claims against SCI Chester
and SCI Chester Medical Department with prejudice.
C. Claims Against Dr. Little
To state a constitutional claim based on the failure to provide medical treatment, a
prisoner must allege facts indicating that prison officials were deliberately indifferent to his
serious medical needs. See Farmer v. Brennan, 511 U.S. 825, 835 (1994). A prison official is
not deliberately indifferent “unless the official knows of and disregards an excessive risk to
inmate health or safety; the official must both be aware of facts from which the inference could
be drawn that a substantial risk of serious harm exists, and he must also draw the inference.” Id.
at 837. Deliberate indifference is properly alleged “where the prison official (1) knows of a
prisoner’s need for medical treatment but intentionally refuses to provide it; (2) delays necessary
medical treatment based on a non-medical reason; or (3) prevents a prisoner from receiving
needed or recommended medical treatment.” Rouse v. Plantier, 182 F.3d 192, 197 (3d Cir.
1999). Additionally, “[a] medical need is serious, . . . if it is one that has been diagnosed by a
physician as requiring treatment or one that is so obvious that a lay person would easily
recognize the necessity for a doctor’s attention.” Monmouth Cnty. Corr. Institutional Inmates v.
Lanzaro, 834 F.2d 326, 347 (3d Cir. 1987) (internal quotations omitted). A serious medical need
exists where “failure to treat can be expected to lead to substantial and unnecessary suffering.”
Colburn v. Upper Darby Twp., 946 F.2d 1017, 1023 (3d Cir. 1991).
Assuming arguendo for purposes of this Memorandum that Perez has plausibly alleged a
serious medical need, Perez’s Eighth Amendment deliberate indifference claim against
Defendant Dr. Little also fails as pled. First, “[n]ot every complaint of inadequate prison
medical care rises to the level of deliberate indifference.” Anderson v. Price, No. 22-3058, 2023
WL 5814664, at *2 (3d Cir. Sept. 8, 2023). “Where a prisoner is receiving some amount of
medical treatment, [courts] presume that the treatment is adequate absent evidence that it violates
professional standards of care.” Id. (citing Brown v. Borough of Chambersburg, 903 F.2d 274,
278 (3d Cir. 1990)) (affirming dismissal of deliberate indifference claims on screening).
Allegations of medical malpractice and mere disagreement regarding proper medical treatment
are insufficient to establish a constitutional violation. See Palakovic v. Wetzel, 854 F.3d 209,
227-28 (3d Cir. 2017) (citing Estelle v. Gamble, 429 U.S. 97, 105-06 (1976)) (additional
citations omitted); Spruill v. Gillis, 372 F.3d 218, 235 (3d Cir. 2004) (citations omitted).
“Deliberate indifference requires obduracy and wantonness – not merely professional
negligence.” Johnson v. Doe, No. 23-3230, 2024 WL 4432083, at *3 (3d Cir. Oct. 7, 2024)
(citing Whitley v. Albers, 475 U.S. 312, 319 (1986) (“It is obduracy and wantonness, not
inadvertence or error in good faith, that characterize the conduct prohibited by the Cruel and
Unusual Punishments Clause.”)) (additional citations omitted).
Perez’s description of Dr. Little’s actions between January 14, 2024 and September 9,
2024, reflect that Dr. Little provided treatment for Perez’s abscess, although Perez contends that
the treatment was ineffective. (See ECF No. 1-1.) For example, Perez states that Dr. Little gave
him a wound care pass and medication on January 16; Dr. Little treated Perez on February 10; on
June 20, Dr. Little told Perez that he would start treating him again; and he gave Perez
medication on June 28. (Id. at 3-4.) This course of treatment contradicts any suggestion of
deliberate indifference. See, e.g., Hayes v. Gilmore, 802 F. App’x 84, 88 (3d Cir. 2020) (per
curiam) (“Where a prisoner has received some amount of medical treatment, it is difficult to
establish deliberate indifference, because prison officials are afforded considerable latitude in the
diagnosis and treatment of prisoners.” (citation omitted)). Additionally, Perez does not
specifically identify the medical provider or providers who allegedly refused treatment on May
14, who advised him on May 31 that insurance would not cover surgery to treat the abscess, who
refused to treat him on June 10, and/or who informed Perez on September 5 that insurance
“won’t pay for it.” (See ECF No. 1-1 at 3-4.) Therefore, it is not clear from the Complaint that
these actions or inactions could even be attributed to Dr. Little. While Perez also alleges that Dr.
Little “doesn’t want to help” him and kicked Perez out of his office on September 9 (see id. at 4),
it is unclear if this refusal was based on the aforementioned insurance coverage issue, deliberate
indifference, or another reason. See, e.g., Hughes v. Pillai, No. 07-55J, 2008 WL 723510, at *8
(W.D. Pa. Mar. 17, 2008) (“Consideration of the cost in trying alternative treatments simply does
not per se deprive a prisoner of the minimal civilized measure of life’s necessities. That cost is a
factor in the provision of treatment outside the prison walls supports this conclusion.” (citation
omitted)). Accordingly, Perez’s Complaint as pled does not allege a plausible deliberate
indifference claim against Dr. Little. Iqbal, 556 U.S. at 678.
D. Claims Against Superintendent Clark and Mrs. Favoloro
In a § 1983 action, the personal involvement of each defendant in the alleged
constitutional violation is a required element, and, therefore, a plaintiff must allege how each
defendant was involved in the events and occurrences giving rise to the claims. See Rode v.
Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1998); see also Jutrowski v. Twp. of Riverdale, 904
F.3d 280, 290 (3d Cir. 2018) (“Each Government official, his or her title notwithstanding, is only
liable for his or her own misconduct.” (quoting Iqbal, 556 U.S. at 677)). “Personal involvement
requires particular ‘allegations of personal direction or of actual knowledge and acquiescence.’”
Dooley v. Wetzel, 957 F.3d 366, 374 (3d Cir. 2020) (quoting Rode, 845 F.2d at 1207). Perez
includes Superintendent Gina Clark and Mrs. Favoloro as Defendants but presents no allegations
against either individual. (See Compl. at 1-11; ECF No. 1-1 at 2-4.) To the extent Perez named
Superintendent Clark as a Defendant because she is responsible for managing SCI Chester, this
fact alone is an insufficient basis upon which to bring a claim against her. See Saisi v. Murray,
822 F. App’x 47, 48 (3d Cir. 2020) (per curiam) (stating that generalized allegations that a
supervisory defendant is “in charge of” or responsible for an office or agency are insufficient to
allege personal involvement in an underlying constitutional violation). Further, while it is
unclear what role Defendant Favoloro holds within the prison, it is worth observing that “[i]f a
prisoner is under the care of medical experts . . . , a non-medical prison official will generally be
justified in believing that the prisoner is in capable hands.” See Spruill, 372 F.3d at 236; see also
Carter v. Smith, 483 F. App’x 705, 708 (3d Cir. 2012) (per curiam) (“Prison officials cannot be
held to be deliberately indifferent merely because they did not respond to the medical complaints
of a prisoner who was already being treated by the prison medical staff.” (citation omitted)).
Accordingly, any claims against Defendants Clark and Favoloro are not plausible because Perez
has failed to allege how either Defendant was personally involved in the alleged constitutional
violation grounded on medical deliberate indifference.
E. Claims Against Wellpath
To plead a § 1983 claim against a medical contractor who provides medical services at a
prison such as Wellpath, a plaintiff must satisfy the standards for alleging municipal liability,
which requires him to allege that the contractor’s policy or custom caused the violation of his
constitutional rights. See Monell v. Dep’t of Soc. Servs. of City of N.Y., 436 U.S. 658, 694
(1978); see also Natale v. Camden Cnty. Corr. Facility, 318 F.3d 575, 583 (3d Cir. 2003)
(applying Monell to claims against medical contractor); Callahan v. Clark, Civ. A. No. 20-305,
2023 WL 5596269, at *15 (W.D. Pa. Aug. 14, 2023) (“Private corporations that contract with the
state to provide services typically provided by the state are also subject to potential liability
based on the principles established by Monell, but like municipal entities, private corporations
are not liable under § 1983 based on a theory of respondeat superior.” (citing Natale, 318 F.3d at
583-84)), report and recommendation adopted, No. 20-305, 2023 WL 5580998 (W.D. Pa. Aug.
29, 2023). “To satisfy the pleading standard, [the plaintiff] must . . . specify what exactly that
custom or policy was.” McTernan v. City of York, Pa., 564 F.3d 636, 658 (3d Cir. 2009).
“Policy is made when a decisionmaker possess[ing] final authority to establish . . . policy with
respect to the action issues an official proclamation, policy, or edict.” Estate of Roman v. City of
Newark, 914 F.3d 789, 798 (3d Cir. 2019) (quoting Andrews v. City of Philadelphia, 895 F.2d
1469, 1480 (3d Cir. 1990)). “‘Custom, on the other hand, can be proven by showing that a given
course of conduct, although not specifically endorsed or authorized by law, is so well-settled and
permanent as virtually to constitute law.’” Id. (quoting Bielevicz v. Dubinon, 915 F.2d 845, 850
(3d Cir. 1990)). A plaintiff may also state a basis for claim in this context by “alleging failure-
to-supervise, train, or discipline . . . [and alleging facts showing] that said failure amounts to
deliberate indifference to the constitutional rights of those affected.” Forrest v. Parry, 930 F.3d
93, 106 (3d Cir. 2019).
Perez lists Wellpath as a Defendant in the caption of the Complaint but presents no
allegations against it. He may not base § 1983 claims against Wellpath solely on the fact that it
employs individuals who allegedly failed to treat him. Nothing in Perez’s Complaint suggests
that the conduct of which he complains was caused by a policy or custom, or deliberate
indifference otherwise attributable to Wellpath. Accordingly, Perez has failed to state a plausible
deliberate indifference claim against Wellpath, and the claim against Wellpath will be dismissed.
While the claim against Wellpath will be dismissed without prejudice, Perez will not be
given leave to amend the claim in this court. This court is not the proper forum for Perez to
pursue his claims against Wellpath, which was discharged from liability by the United States
Bankruptcy Court for the Southern District of Texas, Houston Division, for claims that arose
prior to November 11, 2024. See In Re Wellpath Holdings, Inc., No. 24-90533 (Bankr. S.D. Tx.)
(Bankr. Doc. Nos. 2596, 2679, 2680) ); see also 11 U.S.C. § 524(a)(2) (“A discharge in a
[Chapter 11 bankruptcy] case . . . operates as an injunction against the commencement or
continuation of an action, the employment of process, or an act, to collect, recover or offset any
such debt as a personal liability of the debtor, whether or not discharge of such debt is waived.”).
Although Perez cannot proceed against Wellpath in this Court, the dismissal of his claims does
not affect his ability to proceed in the Bankruptcy Court in accordance with the terms of the
Findings of Fact, Conclusions of Law, and Order (I) Confirming the First Amended Joint
Chapter 11 Plan of Reorganization of Wellpath Holdings, Inc. and Certain of its Debtor
Affiliates and (II) Approving the Disclosure Statement on a Final Basis (Bankr. Doc. No. 2596)
and its supplement (Bankr. Doc. No. 2597), as well as the procedures of the Bankruptcy Court.
IV. CONCLUSION
For the foregoing reasons, Perez’s claims against “The County of Union, Penna,” SCI
Chester, and SCI Chester Medical Department will be dismissed with prejudice pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim. He will not be given leave to amend these
claims because the Court concludes that amendment would be futile. See Grayson v. Mayview
State Hosp., 293 F.3d 103, 108, 110 (3d Cir. 2002).
The claim against Wellpath will be dismissed without prejudice pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) for failure to state a claim. Leave to amend this claim will not be given. To
the extent Perez seeks to pursue a claim against Wellpath, he must do so in accordance with the
procedures of the United States Bankruptcy Court for the Southern District of Texas, Houston
Division. See In Re Wellpath Holdings, Inc., No. 24-90533 (Bankr. S.D. Tx.).
All other claims will be dismissed without prejudice pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) for failure to state a claim. Perez will be given an opportunity to correct the
defects in his claims by filing an amended complaint. Any amended complaint must clearly
describe the factual basis for his claims and how the defendant was personally involved in the
alleged denial of Perez’s rights. Perez may not reassert a claim against Wellpath or a claim that
has already been dismissed with prejudice.
An appropriate Order follows, which provides further instruction about amendment.
BY THE COURT:
/s/ John R. Padova, J.
JOHN R. PADOVA, J.