Soriano v. Naranjo et al

Filing 11

ORDER DISMISSING CASE for failure to state a claim signed by Magistrate Judge Michael J. Seng on 9/19/2011. CASE CLOSED.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LEON M. SORIANO,

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Plaintiff,

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CASE NO.

ORDER DISMIS SING PLAINTIFF’S
AMENDED COMPLAINT FOR FAILURE TO
STATE A CLAIM

v.
L. NARANJO, et al.,

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1:09-cv-985-MJS (PC)

(ECF No. 10)
Defendants.

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CLERK SHALL CLOSE THE CASE
/

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Plaintiff Leon M. Soriano ("Plaintiff") is a state prisoner proceeding pro se and in
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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
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This action was initiated on June 5, 2009. (Compl., ECF No. 1.) The Court
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screened Plaintiff's Complaint, and dismissed it with leave to amend. (Order, ECF No. 6.)
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Plaintiff filed an Amended Complaint on April 22, 2010. (Am. Compl., ECF No. 10.)
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Plaintiff's Amended Complaint is now before the Court for screening.
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I.

SCREENING REQUIREMENT

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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 officer or employee of a governmental entity. 28 U.S.C.
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§ 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has
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raised claims that are legally "frivolous or malicious," that fail to state a claim upon which
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relief may be granted, or that seek monetary relief from a defendant who is immune from
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such relief. 28 U.S.C. § 1915A(b)(1),(2). "Notwithstanding any filing fee, or any portion
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thereof, that may have been paid, the court shall dismiss the case at any time if the court
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determines that . . . the action or appeal . . . fails to state a claim upon which relief may be

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granted." 28 U.S.C. § 1915(e)(2)(B)(ii).

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A complaint 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). Detailed factual allegations are

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not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by

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mere conclusory statements, do not suffice." Ashcroft v. Iqbal, ___ U.S. ___, ___, 129

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S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).

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Plaintiff must set forth "sufficient factual matter, accepted as true, to ‘state a claim that is

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plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). Facial

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plausibility demands more than the mere possibility that a defendant committed

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misconduct and, while factual allegations are accepted as true, legal conclusions are not.

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Id. at 1949-50.

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II.

PLAINTIFF'S COMPLAINT

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Plaintiff is a prisoner currently housed at California State Prison at Corcoran.

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Plaintiff claims violation of his First, Eighth, and Fourteenth Amendment rights by the

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following Defendants: 1) L. Naranjo, Correctional Officer, 2) K.A. Dicks, Correction

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Sergeant, 3) J. Jones, Correctional Counselor, 4) L. Cano, Correctional Counselor, and 5)

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D. Hicinbontom, Correctional Counselor.

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Plaintiff alleges as follows:

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Plaintiff filed several inmate appeals in May and June of 2008. In July 2008,

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Defendant Naranjo informed Plaintiff of his dislike of Plaintiff's appeal and started

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threatening Plaintiff with acts of retaliation if he did not withdraw the appeal. Inmate Gary

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overheard the exchange. Gary told Defendant Naranjo that he should retaliate against

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Gary because it was a group appeal, and Gary wrote the appeal for the group. Defendant

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Naranjo then started threatening Gary with retaliation. Defendant Naranjo told Gary to file

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a complaint in response.

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correction sergeant. Defendant Naranjo said Defendant Dicks would not do anything

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because she was the one who had originally informed him about the appeal.

Gary told Defendant Naranjo to see Defendant Dicks, a

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On July 18, 2008, as a result of the incident described above, Defendant Naranjo

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intentionally tried to serve Plaintiff a non-vegetarian meal; Plaintiff maintains a vegetarian

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diet based on his Rastafarian religion. Plaintiff told Defendant Naranjo about his dietary

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restrictions, but Defendant Naranjo told him "Nigger you don't take this tray, you won't eat."

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Defendant Naranjo walked away with the tray of food, and Plaintiff did not have any dinner

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that evening. Plaintiff requested Defendant Dicks to come see him, but Defendant Dicks

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did not do so that evening. Defendant Dicks was aware of Defendant Naranjo's actions

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and failed to provide Plaintiff with a meal that evening. As a result of Defendants Naranjo

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and Dicks' actions, Plaintiff, who has cancer, was in pain all night with stomach cramps and

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suffered mental stress from going to bed without food.

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Plaintiff believes that Defendant Dicks and Defendant Naranjo violated his First

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Amendment rights and several provisions of California law because their actions did not

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serve any penological interest and constituted cruel and unusual punishment. Plaintiff also

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believes that Defendant Dicks' failure to act in a supervisory capacity violated his Eighth

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Amendment rights and denied him his right to equal protection.

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From 2007 to 2009, Plaintiff filed several staff complaints. Defendants Jones, Cano,

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and Hicinbontom obstructed the process by using arbitrary and capricious practices. These

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actions obstructed Plaintiff from seeking redress and exhaustion. As a result, Plaintiff was

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denied relief by a California state court in Kings County due to failure to exhaust remedies.

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Plaintiff further believes that his right to equal protection under the Fourteenth Amendment

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was violated because other inmates’ similar appeals were processed. Defendants' actions

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violated Plaintiff's First Amendment right to seek redress and exhaustion. Plaintiff further

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alleges that Defendants Jones, Cano, and Hicinbontom violated Plaintiff's Fourteenth

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Amendment right to equal protection of the law.

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Plaintiff asks for a permanent injunction that would prohibit and require that

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Defendants and their agents and employees cease harassing, retaliating, and committing

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reprisals against him. Plaintiff requests $70,000 and punitive damages of $50,000 from

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each Defendant. Plaintiff also asks for court costs and attorneys' fees.
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III.

ANALYSIS

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Section 1983 "provides a cause of action for the ‘deprivation of any rights, privileges,

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or immunities secured by the Constitution and laws' of the United States." Wilder v.

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Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983

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is not itself a source of substantive rights, but merely provides a method for vindicating

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federal rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94 (1989).

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To state a claim under Section 1983, a plaintiff must allege two essential elements:

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(1) that a right secured by the Constitution or laws of the United States was violated, and

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(2) that the alleged violation was committed by a person acting under the color of state law.

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See West v. Atkins, 487 U.S. 42, 48 (1988); Ketchum v. Alameda Cnty., 811 F.2d 1243,

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1245 (9th Cir. 1987).

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A.

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Plaintiff alleges that Defendant Dicks' failure to act in a supervisory capacity violated

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Equal Protection

his Eighth Amendment rights and denied him his right to equal protection.

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The Equal Protection Clause of the Fourteenth Amendment requires that persons

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who are similarly situated be treated alike. City of Cleburne v. Cleburne Living Center, Inc.,

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473 U.S. 432, 439 (1985). An equal protection claim may be established in two ways. The

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first method requires a plaintiff to show that the defendant has intentionally discriminated

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against the plaintiff on the basis of the plaintiff's membership in a protected class. See,

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e.g., Lee v. City of Los Angeles, 250 F.3d 668, 686 (9th Cir. 2001). Under this theory of

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equal protection, the plaintiff must show that the defendant's actions were a result of the

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plaintiff's membership in a suspect class, such as race, religion, or alienage. Thornton v.

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City of St. Helens, 425 F.3d 1158, 1167 (9th Cir. 2005). In this case, Plaintiff does not

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allege that he is a member of a suspect class. Accordingly, he has failed to state an equal

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protection claim under this theory.

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If the action in question does not involve a suspect classification, a plaintiff may

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establish an equal protection claim by showing that similarly situated individuals were

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intentionally treated differently without a rational relationship to a legitimate state purpose.
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Village of Willowbrook v. Olech, 528 U.S. 562, 564 (2000); San Antonio School District v.

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Rodriguez, 411 U.S. 1 (1972); SeaRiver Mar. Fin. Holdings, Inc. v. Mineta, 309 F.3d 662,

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679 (9th Cir. 2002). To state an equal protection claim under this theory, a plaintiff must

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allege that: (1) the plaintiff is a member of an identifiable class; (2) the plaintiff was

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intentionally treated differently from others similarly situated; and (3) there is no rational

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basis for the difference in treatment. Village of Willowbrook, 528 U.S. at 564.

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In his claim against Defendant Dicks, Plaintiff has not alleged that he is a member

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of an identifiable class, that he was intentionally treated differently from others similarly

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situated, or that there was no rational basis for any of the treatment he received in his

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allegations. Plaintiff has failed to state a cognizable claim for violation of the Equal

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Protection Clause against Defendant Dicks. Plaintiff's claim should be dismissed.

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B.

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Plaintiff alleges that Defendant Dicks' failure to act in a supervisory capacity violated

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Eighth Amendment

his Eighth Amendment rights, but does not specify what rights were violated.

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It appears that Plaintiff is alleging that he was subjected to cruel and unusual

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punishment as a result of Defendant Dicks' failure to ensure that Plaintiff was fed on the

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evening of July 18, 2008. However, the deprivation of food constitutes cruel and unusual

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punishment only if it denies a prisoner the "minimal civilized measure of life's necessities."

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See Wilson v. Seiter, 501 U.S. 294, 298 (1991). Here, Plaintiff fails to make such an

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allegation and fails to state a cognizable Eighth Amendment claim resulting from his

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deprivation of a single evening meal on July 18, 2008.

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C.

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Defendant alleges that Defendant Dicks and Naranjo retaliated against him for filing

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First Amendment

a grievance report.

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Within the prison context, a viable claim of First Amendment retaliation entails five

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basic elements: (1) An assertion that a state actor took some adverse action against an

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inmate (2) because of (3) that prisoner's protected conduct, and that such action (4) chilled

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the inmate's exercise of his First Amendment rights, and (5) the action did not reasonably
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advance a legitimate correctional goal." Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th

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Cir. 2005).

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Plaintiff describes the adverse action as interference with his dinner on July 18,

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2008. As the Court informed Plaintiff in its original screening order, Plaintiff's allegation

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that he was deprived of a single evening meal comporting with his religious beliefs

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constitutes, at most, minimal harm. Plaintiff now adds the claim that he experienced

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stomach cramping and additional stress as a result of being deprived of his evening meal.

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Such a pleading, which is taken as true at this stage of the proceedings, still fails to alleged

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a sufficiently adverse action. Certainly, the Court does not condone depriving an inmate

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of a meal. Moreover, the Court appreciates that loss of even one meal could, as alleged,

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cause some noticeable stomach symptoms and aggravation. However, reasonableness

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precludes a finding that such minimal and short-lived events could be said to constitute the

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sort of adverse action contemplated under the law. No case could be found allowing a

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Plaintiff to proceed with such a minor complaint. Plaintiff has failed to meet the first

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requirement for a retaliation claim.

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The second element of a prisoner retaliation claim focuses on causation and motive.

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See Brodheim v. Cry, 584 F.3d 1262, 1271 (9th Cir. 2009). A plaintiff must show that his

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protected conduct was a "‘substantial' or ‘motivating' factor behind the defendant's

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conduct." Id. (quoting Sorrano's Gasco, Inc. v. Morgan, 874 F.2d 1310, 1314 (9th Cir.

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1989). Although it can be difficult to establish the motive or intent of the defendant, a

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plaintiff may rely on circumstantial evidence. Bruce v. Ylst, 351 F.3d 1283, 1289 (9th Cir.

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2003) (finding that a prisoner established a triable issue of fact regarding prison officials'

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retaliatory motives by raising issues of suspect timing, evidence, and statements); Hines

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v. Gomez, 108 F.3d 265, 267-68 (9th Cir. 1997); Pratt v. Rowland, 65 F.3d 802, 808 (9th

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Cir. 1995) ("timing can properly be considered as circumstantial evidence of retaliatory

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intent").

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Plaintiff alleges that Defendant Naranjo and Dicks retaliated against him because

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of a grievance report he filed along with a group of other prisoners. He alleges that
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Defendant Naranjo did not serve him a vegetarian dinner on July 18, 2008, because of the

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report and that Defendant Dicks did not step in to ensure that Defendant Naranjo received

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a dinner that evening. Plaintiff has not shown that the grievance report was a substantial

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motivating factor behind Defendants Dicks' actions.

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Defendant Dicks directly harmed him or that Defendant Dicks' actions were motivated by

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his grievance report.

Plaintiff has not alleged that

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Plaintiff has alleged that the grievance report was a substantial motivating factor

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behind Defendant Naranjo's actions because Defendant Naranjo directly denied Plaintiff

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his meal around the same time that Plaintiff filed his grievance report. Such pleading fails

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to establish as against Defendant Dicks causation and motive sufficient to satisfy the

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second prong of Plaintiff’s retaliation claim based on allegations of interference with his

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food. It does establish causation and motive sufficient to satisfy the second prong of his

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retaliation claim against Defendant Naranjo.

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Filing a grievance is a protected action under the First Amendment. Valandingham

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v. Bojorquez, 866 F.2d 1135, 1138 (9th Cir. 1989). Pursuing a civil rights legal action is

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also protected under the First Amendment. Rizzo v. Dawson, 778 F.2d 527, 532 (9th Cir.

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1985). Plaintiff has satisfied the third prong of the retaliation standard.

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With respect to the fourth prong, "[it] would be unjust to allow a defendant to escape

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liability for a First Amendment violation merely because an unusually determined plaintiff

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persists in his protected activity...." Mendocino Envtl. Ctr. v. Mendocino County, 192 F.3d

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1283, 1300 (9th Cir. 1999). The correct inquiry is to determine whether an official's acts

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would chill or silence a person of ordinary firmness from future First Amendment activities.

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Rhodes, 408 F.3d at 568-69 (citing Mendocino Envtl. Ctr., 192 F.3d at 1300). Although

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deprivation of nourishment is the type of act which certainly could chill or silence a person

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of ordinary firmness, the Court is unable to find that taking away a single meal on one

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occasion is such a deprivation as reasonably could be expected to cause a person to

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refrain from exercising his constitutional rights. Plaintiff cannot satisfy the fourth prong.

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With respect to the fifth prong, a prisoner must affirmatively allege that "‘the prison
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authorities' retaliatory action did not advance legitimate goals of the correctional institution

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or was not tailored narrowly enough to achieve such goals." Rizzo, 778 F.2d at 532. This

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is not a high burden. See id. (prisoner's allegations that search was arbitrary and

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capricious sufficient to satisfy this inquiry). Here, Plaintiff has stated that failing to feed him

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dinner on July 18, 2008, did not achieve a legitimate penological goal. Plaintiff has

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satisfied the fifth prong of a retaliation claim.

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Plaintiff has failed to allege that the action taken against him in retaliation for

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exercising his constitutional rights was severe, or even significant, enough to constitute an

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adverse action or to discourage one from exercising his rights. Despite having been given

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an opportunity to replead the claim to satisfy previously-noted deficiencies, Plaintiff fails

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to allege a cognizable First Amendment retaliation claim against Defendants Naranjo or

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Dicks. The claim should be dismissed.

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D.

Prison Grievance Process

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Plaintiff also alleges that Defendants Jones, Cano, and Hicinbontom failure to

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process his grievance report constitutes a violation of his Fourteenth Amendment right to

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equal protection and his First Amendment right to seek redress. However, the existence

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of a grievance process does not create a protected liberty interest entitling Plaintiff to a

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particular result or allowing Plaintiff to seek redress under the Constitution for the violation

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of any procedural protections set forth in the governing state regulations. Ramirez v.

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Galaza, 334 F.3d 850, 860 (9th Cir. 2003); Mann v. Adams, 855 F.2d 639, 640 (9th Cir.

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1988).

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Accordingly, Plaintiff has failed to state a claim under the First and Fourteenth

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Amendments against these Defendants due to the prison's failure to process his appeals

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through the prison grievance system. His claims against Defendants Jones, Cano, and

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Hicinbontom should also be dismissed.

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IV.

CONCLUSION AND ORDER

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For the reasons stated above, the Court finds that Plaintiff’s Complaint fails to state

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a claim upon which relief may be granted and that leave to amend would be futile. See
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Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). Accordingly, Plaintiff’s Complaint

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is DISMISSED WITH PREJUDICE for failure to state a claim. The Clerk shall close the

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case.

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IT IS SO ORDERED.

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Dated:
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September 19, 2011

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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