Puckett v. Zamora et al

Filing 16

SCREENING ORDER Dismissing Certain Claims and Defendants, signed by Magistrate Judge Dennis L. Beck on 9/29/13. J. Contreras, B. Galindo, V. Marmo Lejo, D. Nave, C. Brown and A. Casas terminated. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DURRELL A. PUCKETT,

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Plaintiff,

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Case No. 1:12-cv-00948-DLB PC
SCREENING ORDER DISMISSING
CERTAIN CLAIMS AND DEFENDANTS

v.
ECF No. 14

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R. ZAMORA, et al.,

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Defendants.

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I.

Background
Plaintiff Durrell A. Puckett (“Plaintiff”) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se and in

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forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. On June 12, 2012, Plaintiff filed his

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Complaint. (ECF No. 1.) On March 13, 2013, the Court issued orders dismissing certain claims and

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defendants and finding service appropriate for other defendants. (ECF Nos. 9 & 10.) On March 27,

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2013, Plaintiff filed a motion to add additional defendants or amend the complaint, which the Court

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granted on March 28, 2013. (ECF Nos. 11 & 12.) On April 14, 2013, Plaintiff filed a First

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Amended Complaint, which is presently before the Court for 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 upon which relief may be granted, or that seek
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monetary relief from a defendant who is immune from such relief. Id. § 1915A(b)(1),(2).

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“Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall

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dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a

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claim upon which relief may be granted.” Id. § 1915(e)(2)(B)(ii).
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, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550

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U.S. 544, 555 (2007)). Plaintiff must set forth “sufficient factual matter, accepted as true, to ‘state a

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claim to relief that is plausible on its face.’” Id. (quoting Twombly, 550 U.S. at 570). While factual

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allegations are accepted as true, legal conclusions are not. Id.

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II.

Summary of Complaint
Plaintiff was incarcerated at Corcoran State Prison (“CSP”) in Corcoran, California, where

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the events giving rise to this action are alleged to have occurred. Plaintiff names as Defendants

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correctional officers R. Zamora, P. Rodriguez, C. Acevedo, R. Gutierrez, and six Doe Defendants. 1

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Plaintiff alleges the following. Defendant Zamora attacked Plaintiff on an unknown date.

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After the incident, Defendant Zamora and Rodriguez came to his cell and threatened Plaintiff. On

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January 10, 2012, they both stated that they would beat up Plaintiff if he came out of his cell.

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Defendants Rodriguez and Acevedo returned an hour later to take Plaintiff to the mental health

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group. Defendant Rodriguez slapped Plaintiff, and Defendant Acevedo tried to trip Plaintiff and

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used racial slurs. As Plaintiff is knocked to the ground, Defendants Acevedo and Rodriguez both

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started to punch Plaintiff. Defendant Zamora came running from outside and kicked Plaintiff in the

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ribs. Defendant R. Gutierrez, along with six Doe Defendants, stood by and watched as Plaintiff

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screamed for help. Defendants stated that they did this because Plaintiff had a camera interview

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regarding a prior use of force incident. Plaintiff contends that he notified Defendant Gipson of this

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but she did nothing. Since the incident, Plaintiff is paranoid, has flashbacks, and suicidal thoughts.

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Although Plaintiff references Warden Connie Gibson in his amended complaint, he does not identify her as a named
defendant. The Court previously dismissed Connie Gibson from this action, with prejudice, and therefore the Court will
not address allegations related to her involvement. (See ECF No. 9.)

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Plaintiff requests as relief monetary damages.
III.

Analysis
Eighth Amendment – Excessive Force

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A.

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“What is necessary to show sufficient harm for purposes of the Cruel and Unusual

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Punishments Clause [of the Eighth Amendment] depends upon the claim at issue . . . .” Hudson, 503

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U.S. at 8. “The objective component of an Eighth Amendment claim is . . . contextual and

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responsive to contemporary standards of decency.” Id. (internal quotation marks and citations

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omitted). The malicious and sadistic use of force to cause harm always violates contemporary

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standards of decency, regardless of whether or not significant injury is evident. Id. at 9; see also

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Oliver v. Keller, 289 F.3d 623, 628 (9th Cir. 2002) (Eighth Amendment excessive force standard

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examines de minimis uses of force, not de minimis injuries)). However, not “every malevolent touch

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by a prison guard gives rise to a federal cause of action.” Hudson, 503 U.S. at 9. “The Eighth

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Amendment’s prohibition of cruel and unusual punishments necessarily excludes from constitutional

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recognition de minimis uses of physical force, provided that the use of force is not of a sort

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‘repugnant to the conscience of mankind.” Id. at 9-10 (internal quotations marks and citations

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omitted).
“[W]henever prison officials stand accused of using excessive physical force in violation of

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the Cruel and Unusual Punishments Clause, the core judicial inquiry is . . . whether force was

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applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to

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cause harm.” Id. at 7. “In determining whether the use of force was wanton and unnecessary, it may

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also be proper to evaluate the need for application of force, the relationship between that need and

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the amount of force used, the threat reasonably perceived by the responsible officials, and any efforts

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made to temper the severity of a forceful response.” Id. (internal quotation marks and citations

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omitted). “The absence of serious injury is . . . relevant to the Eighth Amendment inquiry, but does

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not end it.” Id.

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Plaintiff has sufficiently alleged a claim for excessive force against Defendants Zamora,

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Rodriguez, and Acevedo.

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B.

Failure to Protect

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To constitute cruel and unusual punishment in violation of the Eighth Amendment, prison

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conditions must involve “the wanton and unnecessary infliction of pain . . . .” Rhodes v. Chapman,

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452 U.S. 337, 347 (1981). Although prison conditions may be restrictive and harsh, prison officials

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must provide prisoners with food, clothing, shelter, sanitation, medical care, and personal safety.

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Id.; Toussaint v. McCarthy, 801 F.2d 1080, 1107 (9th Cir. 1986); Hoptowit v. Ray, 682 F.2d 1237,

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1246 (9th Cir. 1982). Where a prisoner alleges injuries stemming from unsafe conditions of

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confinement, prison officials may be held liable only if they acted with “deliberate indifference to a

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substantial risk of serious harm.” Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998).

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The deliberate indifference standard involves an objective and a subjective prong. First, the

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alleged deprivation must be, in objective terms, “sufficiently serious . . . .” Farmer v. Brennan, 511

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U.S. 825, 834 (1994) (citing Wilson v. Seiter, 501 U.S. 294, 298 (1991)). Second, the prison official

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must “know[] of and disregard[] an excessive risk to inmate health or safety . . . .” Id. at 837. Thus,

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a prison official may be held liable under the Eighth Amendment for denying humane conditions of

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confinement only if he knows that inmates face a substantial risk of harm and disregards that risk by

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failing to take reasonable measures to abate it. Id. at 837-45. Mere negligence on the part of the

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prison official is not sufficient to establish liability, but rather, the official’s conduct must have been

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wanton. Id. at 835.

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Plaintiff has sufficiently alleged a claim for failure to protect against Defendant Gutierrez

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and six Doe Defendants for failing to intervene to stop the alleged use of excessive force. Robins v.

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Meecham, 60 F.3d 1436, 1442 (9th Cir. 1995).

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IV.

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Conclusion and Order
Plaintiff states a cognizable Eighth Amendment claim against Defendants R. Zamora, P.

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Rodriguez, and C. Acevedo for excessive force, and an Eighth Amendment claim against Defendant

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Gutierrez and six Doe Defendants for failing to intervene to protect Plaintiff’s safety. Plaintiff does

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not state any claims against any other defendants. Although Plaintiff’s original complaint stated

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claims against other defendants, an amended complaint supersedes the original complaint, Forsyth v.

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Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997) overruled in part on other grounds, Lacey v.
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Maricopa County, 693 F.3d 896, 928 (9th Cir. Aug. 29, 2012) (en banc); King v. Atiyeh, 814 F.2d

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565, 567 (9th Cir. 1987), and must be “complete in itself without reference to the prior or superseded

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pleading,” L. R. 220. Thus, this action will proceed only on the claims stated in Plaintiff’s First

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Amended Complaint.

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Accordingly, it is HEREBY ORDERED that:

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1. This action proceeds against Defendants Zamora, Rodriguez, and Acevedo for excessive

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force and against Defendant Gutierrez and six Doe Defendants for failing to intervene to

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protect Plaintiff’s safety in violation of the Eighth Amendment.

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2. All remaining claims and defendants are dismissed, with prejudice, for failure to state a

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claim.

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IT IS SO ORDERED.

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Dated:

/s/ Dennis

September 29, 2013

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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