Attorneys secured dismissal on a Rule 12(b)(6) Motion in a pro se prisoner civil rights case

Attorneys secured dismissal on a Rule 12(b)(6) Motion in a pro se prisoner civil rights case. Plaintiff alleged that defendant prison nurse supervisor at a county prison had violated his civil rights by failing to give him the requested medical treatment and being "deliberately indifferent" to his medical needs. The Plaintiff/prisoner brought a claim under 42 U.S.C. §1983 for violation of his civil rights and alleged that he sustained an ankle injury when exiting a prison shower, sought medical attention for his ankle pain and swelling, but was denied treatment. The Plaintiff also alleged the nurse supervisor responded to his grievances by calling him a "faker" and accusing him of "refusing sick call", which the Plaintiff alleged amounted to "deliberate indifference." The court held that by failing to allege our client was personally involved in any alleged violations, the Plaintiff's Amended Complaint must fail. The Court also held that a nurse supervisor cannot be considered "deliberately indifferent" simply because she failed to respond directly to the medical complaints of the Plaintiff who was already being treated by the prison doctor.