Friday, May 31, 2024

Pro Se Prisoner's Civil Rights Claims Related to COVID-19 Vaccine Dismissed

In the case of Jones v. Employees of the DOC of Pa at SCI-Phoenix, No. 2:22-CV-02386-CMR (E.D. Pa. March 22, 2024 Rufe, J.), the Eastern District Federal Court dismissed a prisoner pro se Plaintiff’s §1983 Civil Rights litigation based on allegations related to medical treatment that the Plaintiff received while in prison.

The Plaintiff asserted that he suffered from adverse side effects after he was injected with a COVID-19 vaccine and the needle was allegedly injected too deep and struck a nerve, allegedly resulting in nerve damage. The Plaintiff alleged Eighth Amendment violations.

The Defendants moved to dismiss, which motion was granted.

According to the Opinion, the Plaintiff filed an administrative grievance within the prison prior to pursuing this litigation. In that grievance, he asserted deliberate indifference to the Plaintiff’s medical needs and violation of the Eighth Amendment. The grievance was denied. Thereafter, the Plaintiff filed suit.

The court granted the Defendants’ Motion to Dismiss after finding that the Plaintiff was provided treatment for his alleged symptoms. The court additionally noted that the record did not reveal any indication that the Defendants had intentionally inflicted pain or insisted on treatment that the Defendants allegedly knew would be painful, in effective, or risky.

The court additionally confirmed the well-settled law that disagreements over medical treatment provided to prisoners in prison could not rise to the level of a constitutional violation under the Eighth Amendment.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.

Source: “The Legal Intelligencer Federal Case Alert” (April 18, 2024).

Source of image:  Photo by Hakan Nural on

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