Otis v. Demarasse

Dist. Ct. erred in dismissing pro se plaintiff’s section 1983 action alleging that defendant-police officer, who arrested plaintiff on suspicion of driving while intoxicated, ignored plaintiff’s obvious need for medical attention after her arrest and refused to take plaintiff to hospital to treat her excessive bleeding condition. Plaintiff’s complaint sufficiently alleged 4^th Amendment violation that defendant had acted unreasonably in denying her medical care for her profuse uterine bleeding, and defendant’s police report that was attached to amended complaint established that defendant had been aware of said bleeding. Moreover, record did not support Dist. Ct.’s belief that plaintiff had pleaded herself out of court by attaching police report to her amended complaint that contradicted certain allegations in her amended complaint, where: (1) mere attachment of police report that was authored by defendant did not make said documents part of complaint that would form basis of finding that plaintiff had pleaded herself out of court; (2) allegations in amended complaint contradicted claims in defendant’s police report; and (3) Dist. Ct. erred in crediting content of police report over plaintiff’s allegations in her amended complaint at this stage of proceedings. Also, content of police report did not deny plaintiff’s essential allegation that defendant did not take her to hospital for purpose of treatment of her medical needs.