Lynch v. St. Clair et al

Filing 13

ORDER DISMISSING Plaintiff's Amended Complaint for Failure to State a Claim; ORDERED Clerk to Close the Case, signed by Magistrate Judge Michael J. Seng on 8/21/2011. CASE CLOSED(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THERON N. LYNCH,

CASE NO.

1:09-cv-1114-MJS (PC)

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Plaintiff,

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v.

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

J ST. CLAIR, et al.,

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(ECF No. 11)
Defendants.

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CLERK SHALL CLOSE THE CASE
/

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Plaintiff Theron N. Lynch (“Plaintiff”) is a state prisoner proceeding pro se in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff consented to

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Magistrate Judge jurisdiction on July 7, 2009 and no other parties have appeared. (ECF

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No. 7.)

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On March 4, 2010, the Court dismissed Plaintiff’s original Complaint for failure to

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state a claim. (ECF No. 10.) Plaintiff filed his First Amended Complaint on April 9, 2010,

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and that Complaint is now before the Court for screening. (ECF No. 11.)

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I.

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SCREENING REQUIREMENT
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
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.
II.

PLAINTIFF’S AMENDED COMPLAINT
Plaintiff’s Amended Complaint consists of a half page of factual allegations. He

names only one Defendant, a Dr. Moore.
Plaintiff alleges as follows:

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On October 12, 2006, Plaintiff made an appointment with Defendant Moore, staff
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psychologist at the Sierra Conservation Center, because of nightmares Plaintiff had after

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watching a television program which showed how African-Americans were abused by white

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Americans. Plaintiff was upset by this program, and wanted to talk to Defendant Moore

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in order to deal with the past, since he had lived through a period of time when African-

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Americans were abused by white Americans. Instead of treating Plaintiff, Defendant

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Moore gave “an uneducated racist sermon on the advancement of the [A]frican-

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[A]merican.” Plaintiff found this speech to be racist and discriminatory. Plaintiff alleges

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that he was provided with inadequate medical care.

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III.

ANALYSIS
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. Virginia

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Hosp. Ass’n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983 is not

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itself a source of substantive rights, but merely provides a method for vindicating federal

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rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94, 109 S.Ct. 1865

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(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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The Court’s March 4, 2010, Screening Order informed Plaintiff of the standard for
bringing a prison medical care claim under the Eighth Amendment. (ECF No. 10.) “[T]o

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maintain an Eighth Amendment claim based on prison medical treatment, an inmate must
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show ‘deliberate indifference to serious medical needs.’” Jett v. Penner, 439 F.3d 1091,

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1096 (9th Cir. 2006) (quoting Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285 (1976)).

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The two part test for deliberate indifference requires Plaintiff to show (1) “‘a serious medical

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need’ by demonstrating that ‘failure to treat a prisoner’s condition could result in further

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significant injury or the unnecessary and wanton infliction of pain,’” and (2) “the defendant’s

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response to the need was deliberately indifferent.” Jett, 439 F.3d at 1096 (quoting

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McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1992), overruled on other grounds,

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WMX Techs., Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc) (internal

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quotations omitted)).
Here, Plaintiff has again failed to allege facts indicating that Defendant Moore

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subjected Plaintiff to medical care that was so inadequate as to violate the Eighth
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Amendment. Plaintiff does not allege that he suffered from a serious medical condition,

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nor does he allege facts that indicate that Defendant Moore acted with deliberate

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indifference. Simply because Plaintiff was offended by Defendant Moore does not subject

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Defendant Moore to liability. Plaintiff needed to allege facts indicating that he was injured

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by Defendant Moore’s conduct, which he has failed to do.

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The facts alleged by Plaintiff indicate that Defendant Moore did respond to Plaintiff’s
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mental needs. Although Plaintiff might have seen the treatment to be inappropriate,

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Plaintiff cannot prevail on a Section 1983 where only the quality of the treatment is subject

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to dispute. Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir. 1989). Differences of opinion

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between a prisoner and prison medical staff as to appropriate medical care does not give

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rise to a Section 1983 claim. Franklin v. State of Or., State Welfare Div., 662 F.2d 1337,
1344 (9th Cir. 1981) (citing Mayfield v. Craven, 433 F2d 873, 874 (9th Cir. 1970)).

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Plaintiff’s only claim is for inadequate medical care, and Plaintiff has failed to satisfy

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both elements required for such a claim. Plaintiff has therefore failed to state a claim in

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his Amended Complaint.

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The Court previously provided Plaintiff the relevant legal

standard as well as significant guidance as to what facts needed to be included in his

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amended complaint in order to satisfy this standard. Plaintiff’s Amended Complaint

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contains less facts than were in his original Complaint. Thus, the Court finds that further

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leave to amend is not warranted.

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IV.

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

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:
ci4d6

August 21, 2011

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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