White v. Walker et al

Filing 9

ORDER DISMISSING Complaint and GRANTING Plaintiff Leave to File an Amended Complaint, signed by Magistrate Judge Gary S. Austin on 3/17/15: Amended Complaint Due in Thirty Days. (Attachments: # 1 Amended Complaint - blank form)(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:12-cv-00454 LJO GSA PC

DONNY WHITE,

ORDER DISMISSING COMPLAINT AND
GRANTING PLAINTIFF LEAVE TO FILE
AN AMENDED COMPLAINT

vs.
J. WALKER, et al.,

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Defendants.

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AMENDED COMPLAINT DUE
IN THIRTY DAYS

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I.

Screening Requirement

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Plaintiff is a former state prisoner proceeding pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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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).

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

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legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or

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that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. §

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1915A(b)(1),(2). “Notwithstanding any filing fee, or any portion thereof, that may have been
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paid, the court shall dismiss the case at any time if the court determines that . . . the action or

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appeal . . . fails to state a claim upon which relief may be granted.”

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1915(e)(2)(B)(ii).

28 U.S.C. §

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“Rule 8(a)‟s simplified pleading standard applies to all civil actions, with limited

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exceptions,” none of which applies to section 1983 actions. Swierkewicz v. Sorema N.A., 534

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U.S. 506, 512 (2002); Fed. R. Civ. P. 8(a). Pursuant to Rule 8(a), a complaint must contain “a

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short and plain statement of the claim showing that the pleader is entitled to relief . . .” Fed.

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R.Civ. P. 8(a). “Such a statement must simply give the defendant fair notice of what the

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plaintiff‟s claim is and the grounds upon which it rests.” Swierkiewicz, 534 U.S. at 512.

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However, “the liberal pleading standard . . . . applies only to a plaintiff‟s factual allegations.”

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Nietze v. Williams, 490 U.S. 319, 330 n. 9 (1989). “[A] liberal interpretation of a civil rights

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complaint may not supply essential elements of the claim that were not initially pled.” Bruns v.

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Nat‟l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997)(quoting Ivey v.Bd. of Regents,

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673 F.2d 266, 268 (9th Cir. 1982)).

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II.

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Plaintiff’s Claims
Plaintiff, formerly an inmate in the custody of the California Department of Corrections

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and Rehabilitation (CDCR) at the Substance Abuse Treatment Facility at Corcoran (SATF),

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brings this civil rights action against correctional officials employed by the CDCR at SATF.

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Plaintiff claims that he was subjected to inadequate medical care such that it constituted cruel

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and unusual punishment in violation of the Eighth Amendment. Plaintiff names the following

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individuals defendants: J. Walker, Chief of California Health Care Services; Registered Nurse

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(RN) S. Turner; Morris; Miller; Villasenor; Licensed Vocational Nurse (LVN) Ervin; LVN

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Howard; Dr. Raman, M.D.; Dr. Rahimi, M.D.; Health Care Manager Martinez.

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Plaintiff suffers from diabetes and was being treated with Metformin, which Plaintiff

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was allowed to keep on his person. During the week of July 13, 2008, Facility D, where

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Plaintiff was housed, was placed on lockdown restricting the movement of inmates, with the

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exception of emergencies and inmates assigned to work duties.

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Plaintiff ran out of Metformin, and, as he was unable to go to the medical clinic because

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of the lockdown, he sought help from medical staff inside the housing unit. Each time medical

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staff visited Plaintiff‟s housing unit to administer medication, Plaintiff told them that he was

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out of medication, and “that he had not been able to obtain diabetes medication for X number

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of days and he was experiencing adverse symptoms as a result.” Plaintiff requested that

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Defendants Turner, Morris, Villasenor and Miller to “take steps to obtain a new order, refill or

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bridge plaintiff‟s supply of diabetes medication right away.” Plaintiff alleges that

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“Defendants” instructed him to submit a Health Care Services Request and told Plaintiff that he

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would have to wait until the lockdown was over before he could see a doctor.

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Between July 8 and July 17, 2008, Plaintiff submitted “several” requests for health care,

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explaining that his diabetes medications were either running very low or had run out. Plaintiff

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requested that medical staff renew his supply. Plaintiff alleges that “for several days,” he did

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not receive any medication to treat his diabetes. On July 18, 2008, Plaintiff‟s “adverse diabetic

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symptoms” were such that he was taken to the medical clinic. Plaintiff was eventually

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hospitalized due to his diabetic condition.

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After his hospitalization, Plaintiff began to receive regular insulin treatments to control

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his blood sugar levels. This treatment was at Plaintiff‟s request. Plaintiff requested this

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treatment instead of a Metformin prescription to ensure he would receive his medication during

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lockdowns.

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On May 9, 2009, Dr. Raman discontinued Plaintiff‟s insulin treatments. Dr. Raman

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also doubled Plaintiff‟s prescription for Hydrochlorothiazide, which can increase blood sugar

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levels. Dr. Raman decreased Plaintiff‟s finger stick blood tests from daily to weekly, “and

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without insulin coverage so that medical staff would then be unable to closely monitor

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Plaintiff‟s diabetes after Raman‟s order.” Plaintiff alleges that Dr. Raman “did not provide any

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medical treatment to substitute for the insulin he had discontinued.”

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The balance of Plaintiff‟s complaint includes a recitation of various medical issues and
grievances that Plaintiff has suffered throughout his incarceration, including hypertension,

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fractured hips, torn tendons, asthma, diabetes, carpal tunnel syndrome. Plaintiff‟s allegations

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relate to chronic severe pain.

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A.

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Under the Eighth Amendment, the government has an obligation to provide medical

Eighth Amendment

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care to those who are incarcerated. See Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir. 2000).

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“In order to violate the Eighth Amendment proscription against cruel and unusual punishment,

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there must be a „deliberate indifference to serious medical needs of prisoners.‟” Id. (quoting

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Estelle v. Gamble, 429 U.S. 97. 104 (1976)). Lopez takes a two-prong approach to evaluating

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whether medical care, or lack thereof, rises to the level of “deliberate indifference.” First, a

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court must examine whether the plaintiff‟s medical needs were serious. See Id. Second, a

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court must determine whether “officials intentionally interfered with [the plaintiff‟s] medical

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treatment.” Id. at 1132.

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Plaintiff is advised that he cannot prevail in a section 1983 action where only the quality

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of treatment is subject to dispute. Sanchez v. Vild, 891 F.2d 240 (9th Cir. 1989). Mere

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difference of opinion between a prisoner and prison medical staff as to appropriate medical care

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does not give rise to a section 1983 claim. Hatton v. Arpaio, 217 F.3d 845 (9th Cir. 2000);

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Franklin v. Oregon, 662 F.2d 1337, 1344 (9th Cir. 1981).

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Plaintiff has not alleged facts suggesting deliberate indifference. Although Plaintiff has

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alleged facts indicating that he has a serious medical condition – diabetes – he has not

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specifically charged each individual Defendant with conduct indicating that they were

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deliberately indifferent to his condition. Plaintiff‟s central grievance seems to be that, due to

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the lockdown, he was not allowed to possess a supply of his medication. Because Defendants

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had to come to his cell to give him his medication daily, Plaintiff claims that he was denied

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adequate medical care. Plaintiff has not alleged any facts suggesting that Defendants

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deliberately and intentionally deprived him of his medication. Although Plaintiff alleges that

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on some days he did not get his medication, he does not specifically identify any individual

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Defendant, or allege conduct as to any individual Defendant that evidences an intent to deny

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Plaintiff his medication.
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Plaintiff must allege facts indicating that each defendant was aware of a specific harm

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to Plaintiff, and acted with deliberate indifference to that harm. Plaintiff has failed to do so

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here. Further, as noted, Plaintiff cannot state a claim where only the quality of treatment is

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subject to dispute. That Dr. Raman chose to discontinue insulin treatments and increase the

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dosage of a medication does not alone subject him to liability under the Eighth Amendment.

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Plaintiff has not alleged any facts indicating that the treatment itself was found by competent

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medical officials to cause Plaintiff injury. The Court finds Plaintiff‟s allegations to be vague

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and conclusory.

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The complaint must therefore be dismissed. Plaintiff will, however, be

granted leave to file an amended complaint.

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Plaintiff need not, however, set forth legal arguments in support of his claims. In order

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to hold an individual defendant liable, Plaintiff must name the individual defendant, describe

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where that defendant is employed and in what capacity, and explain how that defendant acted

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under color of state law. Plaintiff should state clearly, in his own words, what happened.

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Plaintiff must describe what each defendant, by name, did to violate the particular right

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described by Plaintiff.

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B.

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“A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or

Rule 18

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third-party claim, may join, either as independent or alternate claims, as many claims, legal,

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equitable or maritime, as the party has against an opposing party.” Fed. R. Civ. P. 18(a). Thus,

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multiple claims against a single party are permissible, but Claim A against Defendant 1 should

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not be joined with unrelated Claim B against Defendant 2. Unrelated claims against different

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defendants belong in different suits, not only to prevent the sort of morass (a multiple claim,

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multiple defendant) suit produces, but also to ensure that prisoners pay the required filing fees.

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The Prison Litigation Reform Act limits to 3 the number of frivolous suits or appeals that any

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prisoner may file without the prepayment of the required fees. 28 U.S.C. § 1915(g). George v.

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Smith, 507 F.3d 605, 607 (7th Cir. 2007).

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health care while in prison and his chronic pain are unrelated to the specific allegations of his

Plaintiff‟s allegations regarding the history of his

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treatment for diabetes. Should Plaintiff desire to proceed on these claims, he should do so by

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way of another civil action. Plaintiff must confine his claims in any single civil action to

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related claims.

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III.

Conclusion

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The Court has screened Plaintiff‟s complaint and finds that it does not state any claims

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upon which relief may be granted under section 1983. The Court will provide Plaintiff with the

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opportunity to file an amended complaint curing the deficiencies identified by the Court in this

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order. Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). Plaintiff is cautioned that he

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may not change the nature of this suit by adding new, unrelated claims in his amended

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complaint.

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Plaintiff‟s amended complaint should be brief, Fed. R. Civ. P. 8(a), but must state what

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each named defendant did that led to the deprivation of Plaintiff‟s constitutional or other

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federal rights, Hydrick, 500 F.3d at 987-88.

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allegations must be [sufficient] to raise a right to relief above the speculative level . . . .” Bell

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Atlantic v. Twombly, 550 U.S. 544, 554 (2007)(citations omitted).

Although accepted as true, the “[f]actual

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Finally, Plaintiff is advised that an amended complaint supersedes the original

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complaint, Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814

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F.2d 565, 567 (9th Cir. 1987), and must be “complete and in and of itself without reference to

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the prior or superseded pleading.” Local Rule 15-220. Plaintiff is warned that “[a]ll causes of

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action alleged in an original complaint which are not alleged in an amended complaint are

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waived.” King, 814 F.2d at 567 (citing to London v. Coopers & Lybrand, 644 F.2d 811, 814

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(9th Cir. 1981)).

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff‟s complaint is dismissed, with leave to amend, for failure to state a

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2.

The Clerk‟s Office shall send to Plaintiff a complaint form;

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3.

Within thirty days from the date of service of this order, Plaintiff shall file an

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claim;

amended complaint;
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Plaintiff may not add any new, unrelated claims to this action via his amended

complaint and any attempt to do so will result in an order striking the amended complaint; and
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If Plaintiff fails to file an amended complaint, the Court will recommend that

this action be dismissed, with prejudice, for failure to state a claim.

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IT IS SO ORDERED.
Dated:

March 17, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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