Sanchez v. Adams et al

Filing 20

ORDER SCREENING First Amended Complaint and DISMISSING CLAIMS WITHOUT LEAVE TO AMEND signed by Magistrate Judge Stanley A Boone on 6/17/2013. CASE CLOSED. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LITTLEHAWK SANCHEZ,

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Plaintiff,

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v.
DERRAL G ADAMS, et al.,

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Case No. 1:10-cv-01194-SAB
ORDER SCREENING FIRST AMENDED
COMPLAINT AND DISMISSING CLAIMS
WITHOUT LEAVE TO AMEND
ECF NO. 19

Defendants.

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I.

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INTRODUCTION

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Plaintiff Littlehawk Sanchez (“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. Plaintiff has consented to

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the jurisdiction of a United States Magistrate Judge for all purposes (ECF No. 7) and no other

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parties have appeared in this action.

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Plaintiff filed the original complaint in this action on June 24, 2010. (ECF No. 1.) On

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May 1, 2013, the Court screened Plaintiff’s complaint and found that it did not state any

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cognizable claims. (ECF No. 15.) The Court dismissed Plaintiff’s claims with leave to amend.
For the reasons set forth below, the Court finds that Plaintiff’s First Amended Complaint

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fails to state any cognizable claims and will dismiss Plaintiff’s claims without leave to amend.

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II.

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SCREENING

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The Court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that

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“seek[] monetary relief against a defendant who is immune from such relief.” 28 U.S.C. §

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1915(e)(2)(B).

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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 not

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required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere

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conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell

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Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Moreover, Plaintiff must demonstrate

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that each defendant personally participated in the deprivation of Plaintiff’s rights. Jones v.

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Williams, 297 F.3d 930, 934 (9th Cir. 2002).

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Prisoners proceeding pro se in civil rights actions are entitled to have their pleadings

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liberally construed and to have any doubt resolved in their favor. Wilhelm v. Rotman, 680 F.3d

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1113, 1121 (9th Cir. 2012) (citations omitted). To survive screening, Plaintiff’s claims must be

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facially plausible, which requires sufficient factual detail to allow the Court to reasonably infer

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that each named defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678-79; Moss

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v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The “sheer possibility that a defendant

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has acted unlawfully” is not sufficient, and “facts that are ‘merely consistent with’ a defendant’s

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liability” falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d

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at 969.

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III.

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COMPLAINT ALLEGATIONS

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Plaintiff’s First Amended Complaint names Derral G. Adams (warden), V. Amirpour

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(doctor), J. Walker (chief of health care services), E. Dava (registered nurse), Bondoc (registered
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nurse), E. Garnett (registered nurse) and John/Jane Does (registered nurses) as defendants (all

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defendants will collectively be referred to as “Defendants”). (First Am. Compl. 2-3.)

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Plaintiff’s First Amended Complaint vaguely alleges that various prison officials failed to

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provide Plaintiff with adequate medical care.

(First Am. Compl. 3.)

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Complaint contains little detail regarding Plaintiff’s condition, injury or need for medical care.

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(First Am. Compl. 3.) Plaintiff vaguely alludes to the “excision of ganglion cyst and repair of

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legimit[sic] requested on 4/9/09.” (First Am. Compl. 3.) Plaintiff alleges that he has “permanent

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nerve damage” and “a numb and unsteady hand that will forever cause [him] pain.” (First Am.

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Compl. 3.)

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IV.

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The First Amended

DISCUSSION
Plaintiff Failed To Comply with the Court’s Order Regarding Amendments

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A.

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Local Rule 220 requires amended complaints to “be retyped and filed so that it is

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complete in itself without reference to the prior or superseded pleading.” The Court’s prior

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screening order expressly advised Plaintiff of Local Rule 220’s requirements. (Order Dismissing

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Compl. with Leave to Amend, for Failure to State a Claim 7:5-8.)

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It appears Plaintiff failed to comply with Local Rule 220, as his First Amended Complaint

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does not contain the same level of detail as his original complaint and fails to provide the same

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degree of context regarding the incidents that give rise to Plaintiff’s claims. Although the Court

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generally will not consider prior, superseded pleadings when assessing the sufficiency of a

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complaint, in this case the Court will consider both Plaintiff’s original complaint and the First

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Amended Complaint to determine whether Plaintiff’s claims are capable of being cured by the

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allegation of additional facts and whether Plaintiff should be granted further leave to amend.
Plaintiff’s Eighth Amendment Claims

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B.

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Plaintiff claims that Defendants violated his rights under the Cruel and Unusual

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Punishments Clause of the Eighth Amendment by failing to provide Plaintiff with adequate

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medical care. Plaintiff raises claims under Section 1983 for the violation of the Eighth

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Amendment’s prohibition against cruel and unusual punishments.
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To constitute cruel and

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unusual punishment in violation of the Eighth Amendment, prison conditions must involve “the

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wanton and unnecessary infliction of pain.” Rhodes v. Chapman, 452 U.S. 337, 347 (1981). A

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prisoner’s claim does not rise to the level of an Eighth Amendment violation unless (1) “the

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prison official deprived the prisoner of the ‘minimal civilized measure of life’s necessities,’” and

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(2) “the prison official ‘acted with deliberate indifference in doing so.’” Toguchi v. Chung, 391

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F.3d 1051, 1057 (9th Cir. 2004) (quoting Hallett v. Morgan, 296 F.3d 732, 744 (9th Cir. 2002)

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(citation omitted)). In order to find a prison official liable under the Eighth Amendment for

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denying humane conditions of confinement within a prison, the official must know “that inmates

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face a substantial risk of serious harm and disregard[] that risk by failing to take reasonable

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measures to abate it.” Farmer v. Brennan, 511 U.S. 825, 847 (1994).

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To maintain an Eighth Amendment claim based on prison medical treatment, an inmate

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must show (1) a serious medical need by demonstrating that failure to treat a prisoner’s condition

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could result in further significant injury or the unnecessary and wanton infliction of pain, and (2)

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a deliberately indifferent response by defendant. Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.

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2006). The deliberate indifference standard is met by showing (a) a purposeful act or failure to

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respond to a prisoner’s pain or possible medical need and (b) harm caused by the indifference. Id.

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In his original complaint, Plaintiff generally alleged that Plaintiff filed numerous requests

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for medical care regarding pain in his right wrist. Plaintiff previously received surgery, but the

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pain had returned. In response to Plaintiff’s requests, Plaintiff was referred to his primary care

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physician and given numerous examinations and assessments.

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medication for his pain. However, Plaintiff claimed that his constitutional rights were violated

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because he should have received a second surgery for his wrist instead of repeated assessments

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and medication.

Plaintiff was also given

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Plaintiff’s allegations do not rise to the level of an Eighth Amendment violation. A mere

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difference of medical opinion does not rise to the level of an Eighth Amendment violation.

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Toguchi v. Chung, 391 F.3d 1051, 1059-60 (9th Cir. 2004). In order to violate the Eighth

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Amendment, Plaintiff must allege facts that plausibly support the conclusion that Defendants’

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chosen course of treatment was medically unacceptable under the circumstances and was chosen
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by Defendants in conscious disregard of an excessive risk to Plaintiff’s health. Jackson v.

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McIntosh, 90 F.3d 330, 332 (9th Cir. 1996). The facts alleged by Plaintiff in both his original

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claim and the First Amended Complaint fail to plausibly support the conclusion that Defendants

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acted with deliberate indifference. Even if Plaintiff was of the opinion that a more aggressive

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treatment plan was warranted (i.e., a second surgery), Plaintiff does not allege any facts that

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plausibly support the conclusion that Defendants’ decision to proceed with a more conservative

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approach was medically unacceptable under the circumstances or was chosen in conscious

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disregard of an excessive risk to Plaintiff’s health. Accordingly, Plaintiff fails to state any

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cognizable claims under the Eighth Amendment.

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C.

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“[A] district court should grant leave to amend even if no request to amend the pleading

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was made, unless it determines that the pleading could not possibly be cured by the allegation of

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other facts.” Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000) (internal quotations and

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citations omitted). However, leave to amend may be denied if the plaintiff was previously

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informed of the deficiencies in his claims and fails to cure those deficiencies. Chodos v. West

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Publishing Co., 292 F.3d 992, 1003 (9th Cir. 2002).

Dismissal Without Leave To Amend

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The Court previously informed Plaintiff of the deficiencies in his claims and the

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allegations in Plaintiff’s First Amended Complaint fail to address those deficiencies.

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Accordingly, the Court finds that Plaintiff’s claims cannot possibly be cured by the allegation of

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other facts. Accordingly, Plaintiff’s claims will be dismissed without leave to amend.

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V.

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CONCLUSION AND ORDER

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For the reasons set forth above, the Court finds that Plaintiff’s First Amended Complaint

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fails to state any cognizable claims under 42 U.S.C. § 1983 for the violation of Plaintiff’s rights

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under the Eighth Amendment. Moreover, the Court finds that Plaintiff’s claims cannot be cured

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by the allegation of additional facts.

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Accordingly, it is HEREBY ORDERED that:

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Plaintiff’s First Amended Complaint is DISMISSED, without leave to amend, for
failure to state any claims; and

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The Clerk of the Court is directed to CLOSE this action.

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IT IS SO ORDERED.

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Dated:
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June 17, 2013

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UNITED STATES MAGISTRATE JUDGE

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