Camille Shora (Partner, McLean, VA) and Jeremy Huang (Associate, McLean, VA) secured dismissal of a nurse with prejudice in a 42 USC 1983 case pending in the U.S. District Court for the Eastern District of Virginia. The suit stemmed from an incarcerated plaintiff’s allegation that the nurse was deliberately indifferent to complaints relating to an abscessed tooth. Camille and Jeremy filed a motion to dismiss for failure to state a claim or, alternatively, a motion for summary judgment, arguing that the nurse only saw the plaintiff once during a weekend when the dental department was not available to answer calls. The plaintiff had been prescribed pain medication earlier in the week, and her condition did not fit the definition of an “emergency” under applicable policies and procedures. In essence, there was nothing the nurse could have done other than recommend the plaintiff seek assistance from the dental department on the next business day, which she did. Rather than filing an opposition, the plaintiff, through her attorney, filed a response conceding that the defense’s arguments were well taken. As a result, the court entered a dismissal with prejudice.