plead adequately the basis for medical monitoring. Whether a cause of action or a part of damages requested, medical monitoring requires that the plaintiff have a present injury and a reasonable fear that the present injury could lead to the future occurrence of disease. Burton, 884 F.Supp. at 1523. Those two elements are not present with respect to this plaintiff. For these reasons, the Court concludes that Plaintiffs request for equitable relief, to the extent that it affects individuals other than Plaintiff, is not permissible under the rule of standing. Furthermore, any portions contained in this count relating solely to the Plaintiff are merely forms of damages to be requested in the prayer for relief. E.g., Burton v. R.J. Reynolds Tobacco Co., 884 F.Supp. 1515, 1523 (D.Kan.1995) (<HOLDING>). Count IX, therefore, is dismissed. I. Motion
holding that government placement of groundwater monitoring wells was a taking holding that jury not required to award noneconomic damages merely because it has awarded economic damages recognizing that even when a prisoner files suit under section 1983 alleging medical malpractice against prison medical officials medical malpractice does not become a constitutional violation merely because the victim is a prisoner holding medical monitoring claim was merely component of damages holding that plaintiffs claim that medical providers did not comply with baker act was not subject to medical malpractice statutes ajlthough a medical diagnosis is necessary in order to involuntarily commit a patient the process of complying with the statute does not require medical skill or judgment