Puckett v. Corcoran Prison - CDCR, et al.

Filing 20

ORDER Adopting 15 FINDINGS AND RECOMMENDATIONS in Part; Case REMANDED to Magistrate Judge for Further Action, signed by District Judge Lawrence J. O'Neill on 4/23/2012. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DURRELL ANTHONY PUCKETT,

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Case No. 1:11-cv-01565-LJO-GBC (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS IN PART;
CASE REMANDED TO MAGISTRATE
JUDGE FOR FURTHER ACTION

vs.
CORCORAN PRISON - CDCR, et al.,

(Doc. 15)
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Defendants.
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. §

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1983. In accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 302, this matter was referred to a

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United States Magistrate Judge. Now pending before the Court are the findings and recommendations

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issued by the magistrate judge on April 13, 2012.

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The magistrate judge has screened Plaintiff’s first amended complaint and recommends that he

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be allowed to proceed only against Defendants Damien, Manquero, Johnson, Gonzales, and Guajardo

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for the use of excessive force in violation of the Eighth Amendment. As to any other claim that might

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be construed from the pleadings, the magistrate judge recommends that those claims be dismissed with

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prejudice. These include claims for: (1) supervisory liability; (2) conspiracy; (3) intentional infliction

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of emotional distress; (4) destruction of property; (5) deliberate indifference to serious medical needs;

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(6) retaliation; (7) access to the courts; (8) false reporting; and (9) violations of due process. Although
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the parties were provided notice that they could file objections to the findings and recommendations,

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none of the parties have done so.

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The Court has conducted a de novo review of this case in accordance with the provisions of 28

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U.S.C. § 636(b)(1)(C). Having carefully reviewed the entire record, the Court declines to adopt the

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magistrate judge’s recommendation to dismiss the following claims: (1) Plaintiff’s First Amendment

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retaliation claim against Defendant Keener; (2) Plaintiff’s First Amendment access to the courts claim

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against Defendant Keener; (3) Plaintiff’s Eighth Amendment excessive force claim against Defendant

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Keener; (4) Plaintiff’s Eighth Amendment deliberate indifference claim against Defendant Lewis; and

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(5) Plaintiff’s state law claim for intentional infliction of emotional distress against Defendant Keener.

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The magistrate judge’s recommendations are adopted in all other respects.

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First, Plaintiff appears to state a cognizable claim for retaliation under the First Amendment

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against Defendant Keener. Under the First Amendment, a viable claim for retaliation entails five basic

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elements: (1) an assertion that a state actor took some adverse action against an inmate (2) because of

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(3) the inmate’s protected conduct and that the adverse action (4) chilled the inmate’s exercise of his

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First Amendment rights and (5) did not reasonably advance a legitimate penological purpose. Rhodes

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v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005). Here, Plaintiff maintains that Defendant Keener

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ordered other officers to destroy Plaintiff’s legal property due to Plaintiff’s lawsuit against the prison.

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Plaintiff also alleges that Defendant Keener ordered other officers to attack Plaintiff to discourage him

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from filing any more complaints. These allegations are sufficient to state a retaliation claim against

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Defendant Keener.

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Second, Plaintiff appears to state a cognizable claim for being denied access to the courts by

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Defendant Keener. Under the First Amendment, an inmate has a right to file and pursue direct criminal

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appeals, habeas petitions, and civil rights actions in court. Lewis v. Casey, 518 U.S. 343, 346, 354

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(1996). To establish a violation of this right, an inmate must show that he suffered an actual injury by

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being shut out of court by the defendant. Id. at 351-53; see also Christopher v. Harbury, 536 U.S. 403,

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412-15 (2002). Here, Plaintiff alleges that he lost his “life sentence case” because Defendant Keener

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withheld Plaintiff’s “criminal appeals documents” and destroyed Plaintiff’s legal property. Liberally

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construed, this allegation is sufficient to state an access to the courts claim against Defendant Keener
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under the First Amendment.

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Third, Plaintiff appears to state a cognizable claim for the use of excessive force by Defendant

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Keener. In determining whether a prison official has used excessive force, “the core judicial inquiry .

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. . is whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and

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sadistically to cause harm.” Hudson v. McMillian, 503 U.S. 1, 7 (1992). Further, a supervisor may be

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held liable only if he“participated in or directed the violations, or knew of the violations and failed to

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act to prevent them.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). Here, Plaintiff alleges that

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Defendant Keener ordered other officers to attack Plaintiff solely for the purpose of discouraging him

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from filing future complaints. Plaintiff alleges further that the other officers did in fact attack him on

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August 24, 2010, by knocking him to the ground, chocking him, punching and kicking him, and spraying

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pepper spray in his face. These allegations are sufficient to state a claim for the use of excessive force

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against Defendant Keener.

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Fourth, Plaintiff appears to state a cognizable claim for deliberate indifference to his serious

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medical needs in violation of the Eighth Amendment. To maintain an Eighth Amendment claim based

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on prison medical treatment, an inmate must show “deliberate indifference to serious medical needs.”

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Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006). Here, Plaintiff alleges that after he was attacked,

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Defendant Lewis was aware that Plaintiff was bleeding and had various cuts and bruises. According to

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Plaintiff, instead of providing him with medical treatment, Defendant Lewis falsified a prison report

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stating that Plaintiff was not injured. These allegations are sufficient to state a claim against Defendant

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Lewis for deliberate indifference to serious medical needs.

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Fifth, Plaintiff appears to state a cognizable claim for the intentional infliction of emotional

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distress. In California, the elements for a claim of intentional infliction of emotional distress are (1)

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extreme and outrageous conduct by the defendant with the intent of causing, or reckless disregard of the

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probability of causing, emotional distress; (2) the plaintiff suffering severe emotional distress; and (3)

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actual and proximate causation. Hughes v. Pair, 46 Cal. 4th 1035, 1050 (2009). Here, Plaintiff alleges

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that as a result of the retaliatory attack ordered by Defendant Keener on August 24, 2010, he suffers

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severe paranoia and suicidal ideation. Liberally construed, this allegation gives rise to a claim against

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Defendant Keener for intentional infliction of emotional distress. See Blankenhorn v. City of Orange,
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485 F.3d 463, 463 n.17 (9th Cir. 2007) (the use of excessive force may constitute outrageous conduct

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and give rise to a claim for intentional infliction of emotional distress).

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Accordingly, for all the reasons set forth above:

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1.

The magistrate judge’s findings and recommendations are ADOPTED IN PART.

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2.

This action shall proceed on the following claims:

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a.

Retaliation by Defendant Keener in violation of the First Amendment;

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b.

The denial of access to the courts by Defendant Keener in violation of the First

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Amendment;

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c.

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The use of excessive force by Defendants Keener, Damien, Manquero, Johnson,
Gonzales, and Guajardo in violation of the Eighth Amendment;

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d.

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Deliberate indifference to serious medical needs by Defendant Lewis in violation
of the Eighth Amendment; and

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e.

Intentional infliction of emotional distress by Defendant Keener.

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3.

All other claims are DISMISSED with prejudice.

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This action is REMANDED to the magistrate judge for further proceedings consistent

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with this order.

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IT IS SO ORDERED.
Dated:
b9ed48

April 23, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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