Bass v. Vail et al
Filing
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ORDER - (1) Plaintiff's First Amended Complaint (Doc. 7 ) and this action are dismissed for failure to state a claim, and the Clerk of Court must enter judgment accordingly. (2) The Clerk of Court must make an entry on the docket stating that the dismissal for failure to state a claim may count as a "strike" under 28 U.S.C. § 1915(g). (3) The docket shall reflect that the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), that any appeal of this decision would not be taken in good faith. (See document for full details). Signed by Senior Judge Stephen M McNamee on 4/23/14. (LAD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Johann Alexander Bass,
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Plaintiff,
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No. CV 13-1736-PHX-RCB (JFM)
vs.
ORDER
Lieutenant Vail, et al.,
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Defendants.
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On August 22, 2013, Plaintiff Johann Alexander Bass, who is confined in the
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Arizona State Prison Complex-Phoenix in Phoenix, Arizona, filed a pro se civil rights
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Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma
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Pauperis. In an October 25, 2013 Order, the Court granted the Application to Proceed
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and dismissed the Complaint because Plaintiff had failed to state a claim. The Court gave
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Plaintiff 30 days to file an amended complaint that cured the deficiencies identified in the
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Order.
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On November 4, 2013, Plaintiff filed a First Amended Complaint (Doc. 7). The
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Court will dismiss the First Amended Complaint and this action.
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I.
Statutory Screening of Prisoner Complaints
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The Court is required to screen complaints brought by prisoners seeking relief
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against a governmental entity or an officer or an employee of a governmental entity. 28
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U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff
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has raised claims that are legally frivolous or malicious, that fail to state a claim upon
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which relief may be granted, or that seek monetary relief from a defendant who is
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immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).
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A pleading must contain a “short and plain statement of the claim showing that the
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pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8
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does not demand detailed factual allegations, “it demands more than an unadorned, the-
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defendant-unlawfully-harmed-me accusation.”
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(2009). “Threadbare recitals of the elements of a cause of action, supported by mere
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conclusory statements, do not suffice.” Id.
Ashcroft v. Iqbal, 556 U.S. 662, 678
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“[A] complaint must contain sufficient factual matter, accepted as true, to ‘state a
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claim to relief that is plausible on its face.’” Id. (quoting Bell Atlantic Corp. v. Twombly,
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550 U.S. 544, 570 (2007)). A claim is plausible “when the plaintiff pleads factual
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content that allows the court to draw the reasonable inference that the defendant is liable
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for the misconduct alleged.” Id. “Determining whether a complaint states a plausible
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claim for relief [is] . . . a context-specific task that requires the reviewing court to draw
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on its judicial experience and common sense.” Id. at 679. Thus, although a plaintiff’s
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specific factual allegations may be consistent with a constitutional claim, a court must
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assess whether there are other “more likely explanations” for a defendant’s conduct. Id.
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at 681.
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But as the United States Court of Appeals for the Ninth Circuit has instructed,
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courts must “continue to construe pro se filings liberally.” Hebbe v. Pliler, 627 F.3d 338,
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342 (9th Cir. 2010). A “complaint [filed by a pro se prisoner] ‘must be held to less
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stringent standards than formal pleadings drafted by lawyers.’” Id. (quoting Erickson v.
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Pardus, 551 U.S. 89, 94 (2007) (per curiam)).
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II.
First Amended Complaint
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In his one-count First Amended Complaint, Plaintiff sues the following
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Defendants at the Maricopa County Lower Buckeye Jail: Facility Commander Lieutenant
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Vail, Sergeant Cooper, Detention Officer Crock, and Supervisor John Doe.
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....
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Plaintiff alleges that his Fifth and Fourteenth Amendment due process rights were
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violated because he was punished without first receiving written notice of a rule
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violation, a hearing or adjudication of guilt, or written findings relied on to impose
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punishment. Specifically, he claims that when he was a pretrial detainee at the Lower
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Buckeye Jail, two inmates in his pod had an argument, one of them left the pod and later
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told officers that he could not return to the pod because he had been threatened, but
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refused to tell officers who had threatened him. Plaintiff states that although this was an
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isolated incident between two inmates, no altercation occurred, he was not involved, and
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he was housed at the other end of the pod, Defendant Crock placed the entire pod on
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punitive lockdown for three days, without providing Plaintiff with notice of the rule
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allegedly violated, a due process hearing, or written findings. Plaintiff claims he was
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punished because, for those three days, he was deprived of showers, cell cleaning,
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television, regular visitation, programs, phone calls, religious services, recreation, and
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access to the dayroom. He states that institutional security was not at issue and the
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restrictions were imposed expressly to punish.
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Plaintiff asserts that Defendants Cooper and Doe were Defendant Crock’s
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supervisors, were aware of Defendant Crock’s intent to punish and authorized Defendant
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Crock’s imposition of punishment, despite being aware that Plaintiff had not received a
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hearing prior to the punishment. Plaintiff contends that neither took actions to prevent
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the due process violation, even though they had the authority to suspend the punishment
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until Plaintiff had received due process. Plaintiff also states that he filed a “disciplinary
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appeal,” claiming he was being punished without due process, but Defendant Vail stated
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that the punishment would remain in place.
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In his Request for Relief, he seeks monetary damages, legal expenses, and court
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filing fees.
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III.
Failure to State a Claim
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Although the Due Process Clause of the Fourteenth Amendment protects against
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the imposition of “punishment” prior to an adjudication of guilt, a detainee may be
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subjected to “the restrictions and conditions of the detention facility so long as those
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conditions and restrictions do not amount to punishment.” Bell v. Wolfish, 441 U.S. 520,
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535-37 (1979).
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reasonably related to a legitimate governmental objective, it does not, without more,
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amount to ‘punishment.’” Id. at 539. “[M]aintaining institutional security and preserving
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internal order and discipline are essential goals that may require limitation or retraction of
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the retained constitutional rights of both convicted prisoners and pretrial detainees.” Id.
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at 546. “Prison officials must be free to take appropriate action to ensure the safety of
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inmates and corrections personnel.” Id. at 547. Moreover, “the problems that arise in the
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day-to-day operation of a corrections facility are not susceptible of easy solutions.” Id.
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“Prison administrators therefore should be accorded wide-ranging deference in the
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adoption and execution of policies and practices that in their judgment are needed to
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preserve internal order and discipline and to maintain institutional security.” Id.
“[I]f a particular condition or restriction of pretrial detention is
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Plaintiff’s allegation that “institutional security was not at issue” is conclusory
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and, in addition, he does not allege that the lockdown was not reasonably related to
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preserving internal order, inmate safety, and discipline. Plaintiff clearly alleges that the
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lockdown was precipitated by disruptive behavior and threats among inmates. He claims
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there was an altercation between two inmates, an inmate claimed that he could not return
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to the pod because he had been threatened, and corrections officers were not aware of
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who had threatened the inmate. A lockdown of the pod for a relatively short amount of
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time—three days—was reasonably related to the goals of preserving institutional
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security, inmate safety, and internal order. Thus, the Court will dismiss Count One.
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IV.
Dismissal without Leave to Amend
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“Leave to amend need not be given if a complaint, as amended, is subject to
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dismissal.” Moore v. Kayport Package Express, Inc., 885 F.2d 531, 538 (9th Cir. 1989).
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The Court’s discretion to deny leave to amend is particularly broad where Plaintiff has
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previously been permitted to amend his complaint. Sisseton-Wahpeton Sioux Tribe v.
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United States, 90 F.3d 351, 355 (9th Cir. 1996).
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The Court finds that further
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opportunities to amend would be futile. Therefore, the Court, in its discretion, will
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dismiss Plaintiff’s First Amended Complaint without leave to amend.
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IT IS ORDERED:
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(1)
Plaintiff’s First Amended Complaint (Doc. 7) and this action are dismissed
for failure to state a claim, and the Clerk of Court must enter judgment accordingly.
(2)
The Clerk of Court must make an entry on the docket stating that the
dismissal for failure to state a claim may count as a “strike” under 28 U.S.C. § 1915(g).
(3)
The docket shall reflect that the Court certifies, pursuant to 28 U.S.C.
§ 1915(a)(3) and Federal Rules of Appellate Procedure 24(a)(3)(A), that any appeal of
this decision would not be taken in good faith.
DATED this 23rd day of April, 2014.
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