K'napp v. California Department of Corrections and Rehabilitation et al

Filing 10

ORDER DISMISSING 1 Complaint with Leave to Amend, signed by Magistrate Judge Barbara A. McAuliffe on 12/1/14. Amended Complaint Due Within Thirty Days. (Attachments: # 1 Amended Complaint Form)(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ERIC K’NAPP,

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Plaintiff,
v.
CALIF. DEPT. OF CORRECTIONS AND
REHABILITATION et al.,
Defendants.

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1:13-cv-00099-AWI-BAM (PC)
SCREENING ORDER DISMISSING
COMPLAINT WITH LEAVE TO AMEND
(ECF No. 1)
THIRTY-DAY DEADLINE

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I.

Screening Requirement and Standard

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Plaintiff Eric K’napp (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff’s complaint, filed on

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January 22, 2013, is currently 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 and/or against an officer or employee of a governmental entity. 28 U.S.C. §

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1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or

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malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary

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relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 28

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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

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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, 129 S.Ct. 1937,

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1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65

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(2007)). While a plaintiff’s allegations are taken as true, courts “are not required to indulge

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unwarranted inferences.” Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009)

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(internal quotation marks and citation omitted).

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While prisoners proceeding pro se in civil rights actions are still entitled to have their

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pleadings liberally construed and to have any doubt resolved in their favor, the pleading standard

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is now higher, Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (citations omitted), and to

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survive screening, Plaintiff’s claims must be facially plausible, which requires sufficient factual

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detail to allow the Court to reasonably infer that each named defendant is liable for the

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misconduct alleged, Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949 (quotation marks omitted); Moss v.

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United States Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The sheer possibility that a

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defendant acted unlawfully is not sufficient, and mere consistency with liability falls short of

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satisfying the plausibility standard. Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949 (quotation marks

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omitted); Moss, 572 F.3d at 969.
Plaintiff’s Allegations

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II.

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Plaintiff currently is housed at the Sierra Conservation Center in Jamestown, California.

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Plaintiff’s complaint exceeds 75 pages and names the California Department of Corrections and

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Rehabilitation (“CDCR”), Sierra Conservation Center, Kern Valley State Prison, the California

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Substance Abuse Treatment Facility, the California Institution for Men, along with sixty

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individually named defendants in their individual and official capacities. The factual allegations

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include events spanning from July 31, 2008, through January 2013. Plaintiff asserts various

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claims for violation of the Americans with Disabilities Act, retaliation in violation of the First

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Amendment, violation of the Eighth Amendment, and violation of the Equal Protection Clause of

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the Fourteenth Amendment.

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III.

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Plaintiff complaint fails to comply with Federal Rules of Civil Procedure 8 and 18. The

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Court will not expend its already scarce judicial resources parsing through Plaintiff’s extensive

Deficiencies of Complaint

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complaint to determine which causes of action should proceed against which defendants.

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Accordingly, Plaintiff will be granted an opportunity to amend his complaint and cure the

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identified deficiencies. To assist Plaintiff, the Court provides the relevant pleading and legal

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standards that appear applicable to his claims. Plaintiff should amend only those claims that he

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believes, in good faith, state a cognizable claim. Plaintiff’s amended complaint must comply

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with Rules 8 and 18.

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A. Pleading Standards
1. Federal Rule of Civil Procedure 8
Pursuant to Federal Rule of Civil Procedure 8, a complaint must contain “a short and

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plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a).

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Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of a cause

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of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678

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(citation omitted). 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.’” Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S.

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at 555). While factual allegations are accepted as true, legal conclusions are not. Id.; see also

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Twombly, 550 U.S. at 556–557.

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Plaintiff’s complaint does not include a short and plain statement of his claims. Instead,

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Plaintiff’s complaint is lengthy, 78-page narrative detailing various events taking place between

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2008 and 2013 while Plaintiff was housed at various facilities operated by CDCR. If Plaintiff

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elects to amend his complaint, he must set forth a short and plain statement of the claims against

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each defendant, rather than a narrative of his incarceration during a five-year-period.

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2. Federal Rule of Civil Procedure 18
Plaintiff is raising numerous claims against different defendants based on different events

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at different CDCR correctional facilities. Plaintiff may not bring unrelated claims against

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unrelated parties in a single action. Fed. R. Civ. P. 18(a), 20(a)(2); Owens v. Hinsley, 635 F.3d

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950, 952 (7th Cir. 2011); George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). Plaintiff may

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bring a claim against multiple defendants so long as (1) the claim arises out of the same

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transaction or occurrence, or series of transactions and occurrences, and (2) there are commons
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questions of law or fact. Fed. R. Civ. P. 20(a)(2); Coughlin v. Rogers, 130 F.3d 1348, 1351 (9th

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Cir. 1997); Desert Empire Bank v. Insurance Co. of North America, 623 F.2d 1371, 1375 (9th

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Cir. 1980). Only if the defendants are properly joined under Rule 20(a) will the Court review the

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other claims to determine if they may be joined under Rule 18(a), which permits the joinder of

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multiple claims against the same party.

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If Plaintiff elects to amend his complaint, Plaintiff shall choose which claims he wishes

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to pursue in this action. If Plaintiff does not do so and his amended complaint again sets forth

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unrelated claims which violate joinder rules, the Court will dismiss the claims it finds to be

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improperly joined.

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B. Legal Standards

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1. Americans with Disabilities Act/Rehabilitation Act

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Title II of the Americans with Disabilities Act (ADA) and § 504 of the Rehabilitation Act

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(RA) “both prohibit discrimination on the basis of disability.” Lovell v. Chandler, 303 F.3d

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1039, 1052 (9th Cir. 2002). Title II of the ADA provides that “no qualified individual with a

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disability shall, by reason of such disability, be excluded from participation in or be denied the

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benefits of the services, programs, or activities of a public entity, or be subjected to

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discrimination by any such entity.” 42 U.S.C. § 12132. Section 504 of the RA provides that

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“[n]o otherwise qualified individual with a disability . . . shall, solely by reason of her or his

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disability, be excluded from the participation in, be denied the benefits of, or be subjected to

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discrimination under any program or activity receiving Federal financial assistance . . . .” 29

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U.S.C. § 794. Title II of the ADA and the RA apply to inmates within state prisons.

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Pennsylvania Dep’t of Corr. v. Yeskey, 118 S.Ct. 1952, 1955 (1998); see also Armstrong v.

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Wilson, 124 F.3d 1019, 1023 (9th Cir. 1997); Duffy v. Riveland, 98 F.3d 447, 453-56 (9th Cir.

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1996).

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“To establish a violation of Title II of the ADA, a plaintiff must show that (1) [he] is a

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qualified individual with a disability; (2) [he] was excluded from participation in or otherwise

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discriminated against with regard to a public entity’s services, programs, or activities; and (3)

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such exclusion or discrimination was by reason of [his] disability.” Lovell, 303 F.3d at 1052.
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“To establish a violation of § 504 of the RA, a plaintiff must show that (1) [he] is handicapped

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within the meaning of the RA; (2) [he] is otherwise qualified for the benefit or services sought;

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(3) [he] was denied the benefit or services solely by reason of [his] handicap; and (4) the

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program providing the benefit or services receives federal financial assistance.” Id.

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The Court notes that “[t]he ADA prohibits discrimination because of disability, not

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inadequate treatment for disability.” Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1022

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(9th Cir. 2010) (citing Bryant v. Madigan, 84 F.3d 246, 249 (7th Cir. 1996)). The Court also

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notes that individual capacity suits against individual prison employees in their personal

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capacities are precluded under the ADA. E.g., Heinke v. Cnty. of Tehama Sheriff’s Dept., 2013

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WL 3992407, at *7 (E.D. Cal. Aug. 1, 2013); White v. Smyers, 2012 WL 6518064, at *6 (E.D.

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Cal. Dec. 13, 2012); Mosier v. California Dep’t of Corr. & Rehab., 2012 WL 2577524, at *8

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(E.D. Cal. Jul. 3, 2012); Roundtree v. Adams, 2005 WL 3284405, at *8 (E.D.Cal. Dec. 1, 2005).

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2. First Amendment - Retaliation

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Allegations of retaliation against a prisoner’s First Amendment rights to speech and to

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petition the government may support a civil rights claim. Rizzo v. Dawson, 778 F.2d 527, 532

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(9th Cir.1985); see also Pratt v. Rowland, 65 F.3d 802, 807 (9th Cir.1995). “Within the prison

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context, a viable claim of First Amendment retaliation entails five basic elements: (1) An

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assertion that a state actor took some adverse action against an inmate (2) because of (3) that

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prisoner’s protected conduct, and that such action (4) chilled the inmate’s exercise of his First

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Amendment rights, and (5) the action did not reasonably advance a legitimate correctional goal.”

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Rhodes v. Robinson, 408 F.3d 559, 567–68 (9th Cir. 2005); accord Watison v. Carter, 668 F.3d

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1108, 1114-15 (9th Cir. 2012); Brodheim v. Cry, 584 F.3d 1262, 1269 (9th Cir. 2009).

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In order to state a claim, a plaintiff must allege specific facts demonstrating that a

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defendant took an adverse act because of plaintiff's First Amendment activity. The plaintiff's

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protected conduct must have been “the ‘substantial’ or ‘motivating’ factor behind the defendant's

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conduct.” Brodheim, 584 F.3d at 1271, quoting Soranno’s Gasco, Inc. v. Morgan, 874 F.2d 1310,

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1314 (9th Cir. 1989). The adverse action must not have reasonably advanced a legitimate

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correctional goal.
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3. Eighth Amendment – Deliberate Indifference to Medical Needs
“[T]o maintain an Eighth Amendment claim based on prison medical treatment, an

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inmate must show ‘deliberate indifference to serious medical needs.’” Jett v. Penner, 439 F.3d

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1091, 1096 (9th Cir.2006) (quoting Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 291, 50

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L.Ed.2d 251 (1976)). The two part test for deliberate indifference requires the plaintiff to show

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(1) “a ‘serious medical need’ by demonstrating that failure to treat a prisoner's condition could

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

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“the defendant's response to the need was deliberately indifferent.” Jett, 439 F.3d at 1096;

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Wilhelm v. Rotman, 680 F.3d 1113, 1122 (9th Cir.2012). Deliberate indifference is shown

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where the official is aware of a serious medical need and fails to adequately respond. Simmons,

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609 F.3d at 1018. “Deliberate indifference is a high legal standard.” Id. at 1019; Toguchi v.

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Chung, 391 F.3d 1051, 1060 (9th Cir.2004).

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4. Fourteenth Amendment – Equal Protection
The Equal Protection Clause requires that all persons who are similarly situated should be

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treated alike. Lee v. City of Los Angeles, 250 F.3d 668, 686 (2001); City of Cleburne v.

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Cleburne Living Center, 473 U.S. 432, 439, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985). To state an

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Equal Protection claim, Plaintiff must show that the defendants acted with an intent or purpose to

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discriminate against him based on membership in a protected class, Lee, 250 F.3d at 686; Barren

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v. Harrington, 152 F.3d 1193, 1194 (1998), or that similarly situated individuals were

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intentionally treated differently without a rational relationship to a legitimate state purpose,

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Thornton v. City of St. Helens, 425 F.3d 1158, 1167 (2005); Village of Willowbrook v. Olech,

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528 U.S. 562, 564, 120 S.Ct. 1073, 145 L.Ed.2d 1060 (2000).

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5. Declaratory Relief
Plaintiff seeks a declaration that his rights were violated. “A declaratory judgment, like

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other forms of equitable relief, should be granted only as a matter of judicial discretion,

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exercised in the public interest.” Eccles v. Peoples Bank of Lakewood Village, 333 U.S. 426,

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431, 68 S.Ct. 641, 92 L.Ed. 784 (1948). “Declaratory relief should be denied when it will neither

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serve a useful purpose in clarifying and settling the legal relations in issue nor terminate the
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proceedings and afford relief from the uncertainty and controversy faced by the parties.” United

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States v. Washington, 759 F.2d 1353, 1357 (9th Cir. 1985). In the event that this action reaches

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trial and the jury returns a verdict in favor of Plaintiff, the verdict will be a finding that Plaintiff's

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constitutional rights were violated. Accordingly, a declaration that a defendant violated Plaintiff's

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rights is unnecessary.

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IV.

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Plaintiff’s complaint fails to comply with Federal Rules of Civil Procedure 8 and 18.

Conclusion and Order

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However, the Court will provide Plaintiff with an opportunity to amend his complaint. Lopez v.

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Smith, 203 F.3d 1122, 1130 (9th Cir. 2000). 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

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(7th Cir. 2007) (no “buckshot” complaints). As Plaintiff must comply with Rule 18, his

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complaint may not exceed twenty-five pages.

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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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the named defendant did that led to the deprivation of Plaintiff’s constitutional rights, Iqbal, 556

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U.S. at 678-79, 129 S.Ct. at 1948-49. Although accepted as true, the “[f]actual allegations must

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be [sufficient] to raise a right to relief above the speculative level. . . .” Twombly, 550 U.S. at

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555 (citations omitted).

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

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Lacey v. Maricopa County, 693 F.3d 896, 927 (9th Cir. 2012) (en banc). Therefore, Plaintiff’s

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first amended complaint must be “complete in itself without reference to the prior or superseded

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pleading.” Local Rule 220.

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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 comply with Federal Rules of Civil

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Procedure 8 and 18.
3. Within thirty (30) days from the date of service of this order, Plaintiff shall file a

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first amended complaint. Plaintiff’s amended complaint may not exceed twenty-five

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(25) pages; and
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4. If Plaintiff fails to file a first amended complaint in compliance with this order, this

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action will be dismissed with prejudice for failure to comply with a court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 1, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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