Gibson v. Maricopa, County of et al
Filing
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ORDER granting 22 Plaintiff's Motion to Amend/Correct. On or before January 23, 2017, Plaintiff shall file a clean copy of his Third Amended Complaint at (Doc. 22 -1). Defendants shall answer or otherwise respond to the Third Amended Complaint within the time period prescribed by the Federal Rules of Civil Procedure. Signed by Magistrate Judge John Z Boyle on 1/17/17.(DXD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Albert James Gibson, Jr.,
Plaintiff,
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ORDER
v.
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No. CV-16-00767-PHX-JAT (JZB)
County of Maricopa, et al.,
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Defendants.
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Pending before the Court is Plaintiff’s Motion to Amend. (Doc. 22.) For the
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reasons below, the Court will grant Plaintiff’s Motion and, after screening, allow Plaintiff
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to proceed with his claims against Defendants.
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I.
Background
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On October 28, 2015, Plaintiff, who is represented by counsel, filed a Complaint
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in Maricopa County Superior Court. (Doc. 1-1 at 3.) Plaintiff filed a First Amended
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Complaint in that court on February 22, 2016.
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Defendants Maricopa County, Arpaio, Wade, Yelvington, Damato, Carlos Alanis, Canez,
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Rogers, Karas, Miller, Townsend, Pendrick, Myers, and Hoyt, all represented by the
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same counsel, paid the filing fee and filed a Notice of Removal. (Doc. 1.) On March 24,
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2016, Defendants filed a Motion to Dismiss for Failure to State a Claim. (Doc. 3.) On
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April 11, 2016, Plaintiff filed a Response to Motion to Dismiss or In the Alternative
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Motion for Authority to Amend Complaint, and on April 15, 2016, Defendants filed a
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Reply to Plaintiff’s Response. (Docs. 6, 7.) In a May 3, 2016 Order, the Court dismissed
(Id. at 14.)
On March 22, 2016,
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the First Amended Complaint for failure to state a claim and denied as moot Defendants’
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Motion to Dismiss, Plaintiff’s Motion for Extension of Time, and Plaintiff’s Response.
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(Doc. 8.) The Court gave Plaintiff 30 days to file a second amended complaint that cured
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the deficiencies identified in the Order.
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On June 2, 2016, Plaintiff filed a Second Amended Complaint, naming Arpaio,
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Carlos, John or Jane Doe Detention Officer 1, and John or Jane Doe Supervisors 1-4 as
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Defendants. (Doc. 9.) On June 16, 2016, Defendants Arpaio and Carlos filed an answer
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to the Second Amended Complaint. (Doc. 10.) On August 2, 2016, the Court screened
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Plaintiff’s Second Amended Complaint and allowed Plaintiff’s claims to proceed against
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Defendant Carlos. (Doc. 13.) The Court further found that Plaintiff had stated claims
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against John or Jane Doe Supervisors 1-4, but the Court did not order service of these
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unidentified Defendants. (Id.) The Court dismissed Plaintiff’s claims against Defendants
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Arpaio and Detention Officer John/Jane Doe 1 without prejudice. (Id.)
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On September 8, 2016, the Court entered a Case Management Order in this matter,
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setting December 7, 2016 as the deadline for amending pleadings. (Doc. 20.) On
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December 4, 2016, Plaintiff filed his Motion to Amend. (Doc. 22.) Rule 15 of the
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Federal Rules of Civil Procedure provides that the Court should freely grant leave to
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amend “when justice so requires.” Fed. R. Civ. P. 15(a). Further, the Court finds that
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Plaintiff has sufficiently complied with Rule 15.1 of the Local Rules of Civil Procedure.
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Therefore, the Court will grant Plaintiff’s Motion to Amend. Below, the Court screens
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Plaintiff’s Third Amended Complaint.
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II.
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 does
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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.
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Ashcroft v. Iqbal, 556 U.S. 662, 678
“[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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III.
Plaintiff’s Third Amended Complaint
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In his two-count Third Amended Complaint, Plaintiff sues the following
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Defendants: Maricopa County Sheriff Joe Arpaio, Officer Carlos (Badge Number
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B2180), Detention Officers Landon Hoyt (Badge Number B2127) and Michael Wade
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(Badge Number B2679), Lt. Dan Karas (Badge Number A7994), and Shift Commander
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Sgt. James Rogers (Badge Number A7913). Plaintiff seeks monetary damages and fees
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and costs. In Count One, Plaintiff asserts negligence claims. In Count Two, Plaintiff
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asserts 42 U.S.C. § 1983 claims for the violation of his Fourteenth Amendment rights.
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In support of his claims, Plaintiff alleges the following facts: Plaintiff had a
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disability requiring the use of a cane when he entered the Maricopa County Fourth
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Avenue Jail. Plaintiff was issued a cane by medical because without one, Plaintiff’s knee
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would “give out[,] causing him to fall.” Pursuant to a medical order, Plaintiff was given
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a lower bunk in a lower tier cell, and this assignment was known by all Detention
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Officers, including Defendant Carlos.
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Most visits take place on the second level, but some inmates are housed in lower
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tier cells so that they do not have to navigate the stairs for legal or other authorized visits.
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When inmates housed in a lower tier cell get a visitor, they can meet with the visitor
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without having to go upstairs if a detention officer authorizes the lower level visit. To
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have a visit on the lower level, a guard must transport the inmate to and from the visit. A
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visit on the second level does not require a guard’s assistance. For visits on the second
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level, a guard in the tower remotely opens the inmate’s cell and the visitation area.
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Each time Plaintiff had a legal or other visitor, the visit was held on the second
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level, and he had to navigate the stairs without assistance. Each time, Plaintiff was
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notified by the tower guard that he had a visitor, and Plaintiff would ask for assistance
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getting up and down the stairs, but he was told that he would have to either get up and
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down the stairs by himself or skip the visit. For four months, Plaintiff complained to
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detention officers and supervisors about having second-level visits, as he was concerned
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about falling while going up and down the stairs. Plaintiff claims that anyone watching
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him navigate the stairs would know that “sooner or later he would fall going up or down
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the stairs.”
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Plaintiff spoke with Defendants Rogers and Karas and requested assistance going
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up and down the stairs to attend visits on the second level or, in the alternative, that all of
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his visits take place on the lower level. Defendants Rogers and Karas told Plaintiff that if
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he had a visit on the second level, he would have to get up and down the stairs himself or
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miss the visit. Plaintiff claims that Defendants Rogers and Karas told Defendants Carlos,
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Wade, and Hoyt that Plaintiff had to navigate the stairs without assistance or miss his
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visits.
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On October 29, 2014, Defendant Carlos, the tower guard, called Plaintiff over the
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intercom system to inform Plaintiff that he had a legal visitor in the second level
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visitation area. Plaintiff asked Defendant Carlos for assistance going up and down the
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stairs because of his knee problems, and Defendant Carlos told Plaintiff that pursuant to
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direction given by Defendants Rogers and Karas, Plaintiff would need to get up and
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down the stairs without assistance or miss the visit. Plaintiff walked up the stairs for the
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legal visit without assistance. At the end of the visit, Defendants Hoyt and Wade were at
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the visitation cell door and informed Officer Carlos that the visit was over. Defendant
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Carlos then opened the door at the top of the stairs to let Defendants Hoyt and Wade walk
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down the stairs. Defendants Hoyt and Wade left the cell block and did not assist
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Plaintiff. About eight seconds after they left, Defendant Carlos remotely let Plaintiff out
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of the visitation room to allow Plaintiff to go down the stairs and back to his cell with no
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assistance.
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Plaintiff claims that Defendant Carlos could have held Plaintiff in the visitation
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room, as it is secure, until a guard was available to assist him down the stairs. Plaintiff
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further claims that Defendants Carlos, Hoyt, and Wade knew Plaintiff faced a risk of
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falling if he went down the stairs without assistance and knew that Plaintiff wanted
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assistance going down the stairs, but failed to assist Plaintiff. Plaintiff began walking
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down the stairs without assistance while Defendant Carlos watched from the tower. After
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about nine stairs, Plaintiff “lost his footing and tumbled down the stairs.” Plaintiff was
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lying at the bottom of the stairs unconscious for almost two minutes before help arrived.
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Defendant Carlos saw Plaintiff fall and requested assistance over his radio, but
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there were not any detention officers nearby that could get to Plaintiff quickly. Plaintiff
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was seen by medical and later transferred to the Maricopa County Integrated System for
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treatment. As a result of the fall, Plaintiff suffered injuries to his “cervical” and left
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shoulder and pain in his lower back, knee, and left hand. Plaintiff was released from the
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hospital on October 30, 2014.
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On November 5, 2014, a Detention Officer opened Plaintiff’s cell door to allow
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Plaintiff to go to the second level for a psychiatric visit. Plaintiff told the Detention
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Officer that he had recently fallen down the stairs and that he should not go up or down
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the stairs without assistance. The Detention Officer “forced [Plaintiff] to go up the stairs
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for the visit.” Plaintiff filed a grievance complaining about the November 5 incident and
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“being forced to go up the stairs for this and subsequent visits after the fall.” Plaintiff has
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been advised that if he has a second-level visit, he should show the detention officer the
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response to his grievance so he can have his visit on the lower level.
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IV.
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Analysis
a. Plaintiff’s Negligence Claims
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“To establish a claim for negligence, a plaintiff must prove four elements: (1) a
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duty requiring the defendant to conform to a certain standard of care; (2) a breach by the
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defendant of that standard; (3) a causal connection between the defendant’s conduct and
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the resulting injury; and (4) actual damages.” Gipson v. Kasey, 150 P.3d 228, 230 (Ariz.
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2007) (citing Ontiveros v. Borak, 667 P.2d 200, 204 (Ariz. 1983)).
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The Court finds that Plaintiff has sufficiently stated claims for negligence against
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Defendants Carlos, Hoyt, Wade, Rogers, and Karas. Plaintiff asserts these Defendants
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owed Plaintiff a duty to keep him safe while in custody at the jail and their breach of that
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duty caused Plaintiff to suffer injuries.
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Defendants Carlos, Hoyt, and Wade failed to assist Plaintiff up and down the stairs, even
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though they were aware of his physical disability and were present when Plaintiff was in
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the second floor visitation room on October 29, 2014. Plaintiff further claims that
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Defendants Rogers and Karas instructed Defendant Carlos not to assist Plaintiff or to
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allow him to conduct his approved visits on a lower tier, which led to Plaintiff’s injuries.
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The Court finds these allegations sufficient to state claims for relief.
More specifically, Plaintiff claims that
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Plaintiff also claims that Defendant Arpaio is liable for the negligent conduct of
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the other individual Defendants, who are his employees, under a theory of respondeat
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superior. The Court finds these allegations sufficient to proceed on Plaintiff’s negligence
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claim against Defendant Arpaio.
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b. Plaintiff’s § 1983 Claims
To prevail on a § 1983 claim, a plaintiff must show that (1) acts by the defendants
(2) under color of state law (3) deprived him of federal rights, privileges or immunities
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and (4) caused him damage. Thornton v. City of St. Helens, 425 F.3d 1158, 1163-64 (9th
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Cir. 2005) (quoting Shoshone-Bannock Tribes v. Idaho Fish & Game Comm’n, 42 F.3d
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1278, 1284 (9th Cir. 1994)). A plaintiff must allege that he suffered a specific injury as a
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result of the conduct of a particular defendant and he must allege an affirmative link
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between the injury and the conduct of that defendant. Rizzo, 423 U.S. at 371-72, 377.
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A pretrial detainee’s claim for unconstitutional conditions of confinement arises
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from the Fourteenth Amendment Due Process Clause rather than from the Eighth
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Amendment prohibition against cruel and unusual punishment. Bell v. Wolfish, 441 U.S.
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520, 535 and n.16 (1979). Nevertheless, the same standards are applied. See Frost v.
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Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998). To state a claim under § 1983 for threat to
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safety, an inmate must allege facts to support that he was incarcerated under conditions
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posing a substantial risk of harm and that prison officials were “deliberately indifferent”
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to those risks. Farmer v. Brennan, 511 U.S. 825, 832-33 (1994). To adequately allege
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deliberate indifference, a plaintiff must allege facts to support that a defendant knew of,
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but disregarded, an excessive risk to inmate safety. Id. at 837. That is, “the official must
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both [have been] aware of facts from which the inference could be drawn that a
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substantial risk of serious harm exist[ed], and he must also [have] draw[n] the inference.”
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Id.
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Plaintiff alleges threat to safety claims against Defendants Carlos, Hoyt, Wade,
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Rogers, and Kavas pursuant to § 1983. Plaintiff asserts that these Defendants were aware
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of the substantial risk to Plaintiff in navigating the stairs with his disability and acted with
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deliberate indifference to a substantial risk to Plaintiff’s safety in refusing to assist him.
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The Court finds these allegations sufficient to proceed with Count Two of Plaintiff’s
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Third Amended Complaint.
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Accordingly,
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IT IS ORDERED that Plaintiff’s Motion to Amend (Doc. 22) is granted. On or
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before January 23, 2017, Plaintiff shall file a clean copy of his Third Amended
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Complaint at Doc. 22-1.
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IT IS FURTHER ORDERED that Defendants shall answer or otherwise respond
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to the Third Amended Complaint within the time period prescribed by the Federal Rules
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of Civil Procedure.
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Dated this 17th day of January, 2017.
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Honorable John Z. Boyle
United States Magistrate Judge
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