Hughes v. Muller et al
Filing
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First Screening ORDER DISMISSING COMPLAINT, WITH LEAVE TO AMEND, for Failure to State a Claim Under Section 1983, signed by Magistrate Judge Sheila K. Oberto on 3/8/2012. Amended Complaint Due Within Thirty (30) Days. (Marrujo, C)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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BERNARD C. HUGHES,
CASE NO. 1:11-cv-00750-SKO PC
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Plaintiff,
FIRST SCREENING ORDER DISMISSING
COMPLAINT, WITH LEAVE TO AMEND,
FOR FAILURE TO STATE A CLAIM UNDER
SECTION 1983
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v.
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BRIAN MULLER, et al.,
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(Doc. 1)
Defendants.
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THIRTY-DAY DEADLINE
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First Screening Order
I.
Screening Requirement and Standard
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Plaintiff Bernard C. Hughes, a state prisoner proceeding pro se and in forma pauperis, filed
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this civil rights action pursuant to 42 U.S.C. § 1983 on May 10, 2011. The Court is required to
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screen complaints brought by prisoners seeking relief against a governmental entity and/or against
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an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Plaintiff’s complaint, or
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any portion thereof, is subject to dismissal if it is frivolous or malicious, if it fails to state a claim
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upon which relief may be granted, or if it seeks monetary relief from a defendant who is immune
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from such relief. 28 U.S.C. § 1915A(b)(1), (2); 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
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is entitled to relief. . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but
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“[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements,
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do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, __, 129 S.Ct. 1937, 1949 (2009) (citing Bell
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Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). While a plaintiff’s
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allegations are taken as true, courts “are not required to indulge unwarranted inferences.” Doe I v.
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Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation
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omitted).
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Prisoners proceeding pro se in civil rights actions are still entitled to have their pleadings
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liberally construed and to have any doubt resolved in their favor, but the pleading standard is now
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higher, Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (citations omitted), and to survive
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screening, Plaintiff’s claims must be facially plausible, which requires sufficient factual detail to
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allow the Court to reasonably infer that each named defendant is liable for the misconduct alleged,
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Iqbal, 556 U.S. at __, 129 S.Ct. at 1949 (quotation marks omitted); Moss v. U.S. Secret Service, 572
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F.3d 962, 969 (9th Cir. 2009). The sheer possibility that a defendant acted unlawfully is not
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sufficient, and mere consistency with liability falls short of satisfying the plausibility standard. Iqbal,
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556 U.S. at __, 129 S.Ct. at 1949 (quotation marks omitted); Moss, 572 F.3d at 969.
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II.
Discussion
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A.
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Plaintiff, who is currently incarcerated at Deuel Vocational Institution in Tracy, California,
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brings this suit against Sheriff Brian Muller, Undersheriff Douglas Binnewies, Lieutenant Susan
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Brent, and Captain Joel Bibby for violating his rights under the United States Constitution while he
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was a pretrial detainee at the Mariposa County Jail.
Allegations
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Plaintiff alleges that for fifteen years, the Mariposa County Sheriff’s Department has had the
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ability to monitor and record conversations. During the course of Plaintiff’s criminal trial,
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information obtained from Plaintiff’s private conversations with his attorney and psychiatrist were
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leaked. Plaintiff was unsure how the information was obtained until he later learned of the Sheriff
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Department’s ability to monitor and record conversations.
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Plaintiff alleges that he filed a grievance and his request that the monitoring of legal visits
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be discontinued was denied by Defendant Brent. Defendant Bibby later granted Plaintiff’s request
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in writing, but his grievance seeking further safeguarding of conference rooms was subsequently
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denied by Defendants Muller and Binnewies.
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B.
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Plaintiff was found guilty of criminal charges against him and sentenced to 88 years to life
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in prison in early 2011.1 Although Plaintiff’s complaint is short on factual detail, it appears that the
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information obtained through monitoring and/or recording his conversations with his attorney and
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psychiatrist was used against him in his criminal trial.
Sixth Amendment Claim
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The Sixth Amendment is meant to assure fairness in the adversary criminal process, and
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Plaintiff’s Sixth Amendment right to counsel attached when the government initiated adversarial
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proceedings against him. United States v. Danielson, 325 F.3d 1054, 1066 (9th Cir. 2003) (quotation
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marks omitted). Improper interference by the government with the confidential relationship between
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a criminal defendant and his counsel violates the Sixth Amendment where the interference
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substantially prejudices the defendant. Danielson, 325 F.3dd at 1069 (citation and quotation marks
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omitted). As a result, Plaintiff may be able to show a constitutional violation if evidence that was
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improperly obtained through governmental inference was introduced at trial. Id.
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However, it has long been established that state prisoners cannot challenge the fact or
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duration of their confinement in a section 1983 action and their sole remedy lies in habeas corpus
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relief. Wilkinson v. Dotson, 544 U.S. 74, 78, 125 S.Ct. 1242 (2005). Often referred to as the
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favorable termination rule, this exception to section 1983’s otherwise broad scope applies whenever
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state prisoners “seek to invalidate the duration of their confinement - either directly through an
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injunction compelling speedier release or indirectly through a judicial determination that necessarily
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implies the unlawfulness of the State’s custody.” Wilkinson, 544 U.S. at 81. Thus, “a state
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prisoner’s [section] 1983 action is barred (absent prior invalidation) - no matter the relief sought
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(damages or equitable relief), no matter the target of the prisoner’s suit (state conduct leading to
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conviction or internal prison proceedings) - if success in that action would necessarily demonstrate
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the invalidity of confinement or its duration.” Id. at 81-2.
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The Court takes judicial notice of Plaintiff’s habeas petition filed in case number 1:11-cv-01299-GSA
Hughes v. Mariposa County Superior Court.
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Here, Plaintiff’s claim appears to be that information improperly obtained in violation of the
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Sixth Amendment was used to convict him. If so, Plaintiff’s claim is barred and his sole recourse
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lies with habeas corpus. Id.
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III.
Conclusion and Order
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Plaintiff’s complaint fails to state a claim under section 1983. The Court will provide
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Plaintiff with one opportunity to file an amended complaint, if he believes in good faith he can cure
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the deficiency identified above. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000); Noll v.
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Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). Plaintiff may not change the nature of this suit by
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adding new, unrelated claims in his amended complaint. George v. Smith, 507 F.3d 605, 607 (7th
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Cir. 2007) (no “buckshot” complaints).
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Plaintiff’s amended complaint should be brief, Fed. R. Civ. P. 8(a), but it must state what
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each named defendant did that led to the deprivation of Plaintiff’s constitutional rights, Iqbal, 556
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U.S. at __, 129 S.Ct. at 1948-49. Although accepted as true, the “[f]actual allegations must be
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[sufficient] to raise a right to relief above the speculative level. . . .” Twombly, 550 U.S. at 555
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(citations omitted).
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Finally, an amended complaint supercedes the prior complaint, Forsyth v. Humana, Inc., 114
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F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and it must be
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“complete in itself without reference to the prior or superceded pleading,” Local Rule 220.
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Therefore, “[a]ll causes of action alleged in an original complaint which are not alleged in an
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amended complaint are waived.” King, 814 F.2d at 567 (citing to London v. Coopers & Lybrand,
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644 F.2d 811, 814 (9th Cir. 1981)); accord Forsyth, 114 F.3d at 1474.
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Based on the foregoing, it is HEREBY ORDERED that:
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1.
The Clerk’s Office shall send Plaintiff a complaint form;
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2.
Plaintiff’s complaint is dismissed for failure to state a claim upon which relief may
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be granted under section 1983;
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3.
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Within thirty (30) days from the date of service of this order, Plaintiff shall file an
amended complaint; and
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If Plaintiff fails to file an amended complaint in compliance with this order, this
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action will be dismissed, without prejudice, for failure to state a claim under section
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1983.
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IT IS SO ORDERED.
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Dated:
ie14hj
March 8, 2012
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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