Anderson v. Gonzales et al

Filing 6

ORDER DISMISSING CASE WITH LEAVE TO AMEND signed by Magistrate Judge Barbara A. McAuliffe on 12/16/2014. First Amended Complaint due within thirty (30) days. (Attachments: # 1 Amended Complaint Form). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH E. ANDERSON,

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Plaintiff,
v.
A. GONZALES, et al.,

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Defendants.

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1:14-cv-00362-BAM (PC)
SCREENING ORDER DISMISSING
COMPLAINT AND GRANTING LEAVE TO
AMEND
(ECF No. 1)
THIRTY-DAY DEADLINE

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I.

Screening Requirement and Standard

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Plaintiff Joseph Anderson (“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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March 14, 2014, 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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Prisoners proceeding pro se in civil rights actions are entitled to have their pleadings

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liberally construed and to have any doubt resolved in their favor. Hebbe v. Pliler, 627 F.3d 338,

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342 (9th Cir. 2010) (citations omitted). To survive screening, Plaintiff’s claims must be facially

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plausible, which requires sufficient factual detail to allow the Court to reasonably infer that each

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named defendant is liable for the misconduct alleged, Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949

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(quotation marks omitted); Moss v. United States Secret Service, 572 F.3d 962, 969 (9th Cir.

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2009). The sheer possibility that a defendant acted unlawfully is not sufficient, and mere

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consistency with liability falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at

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678, 129 S.Ct. at 1949 (quotation marks omitted); Moss, 572 F.3d at 969.
Plaintiff’s Allegations

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II.

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Plaintiff is currently housed at the California Substance Abuse Treatment Facility. The

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events in the complaint are alleged to have occurred at Pleasant Valley State Prison (“PVSP”).

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Plaintiff names Sergeant A. Gonzales and Corrections Officer C. Laita as defendants in their

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individual and official capacities.

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Plaintiff alleges: On October 21, 2013, Plaintiff was admitted to the C.T.C. area of

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PVSP’s medical facility with trouble breathing and chest pain. After returning to the building,

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Officer Martinez told Plaintiff that he had a cell mate. Plaintiff then observed an inmate seated

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at the table. The inmate introduced himself as a Sacramento Blood. Plaintiff told him, “I don’t

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gang bang and . . . [you] have to find another cell to move to.”

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“I am tired of you turning down these cellies.” Plaintiff told him, “Then put a non-affiliated in

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there.” (ECF No. 1, p. 4.) Plaintiff then walked up to his cell door and motioned for Officer

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Martinez to open the door. Plaintiff said, “I just want to lie down, I am very sick.” Officer

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Martinez said, “Fuck no! I have something special for you.” (Id.)
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Officer Martinez told Plaintiff,

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Plaintiff then sat at a table for approximately ten minutes. Plaintiff then made his way to

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the urinal and, after washing his hands, turned around to find three officers standing there:

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Defendant Gonzales, Defendant Laita and another officer. Defendant Laita told Plaintiff to turn

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around. Defendant Laita then handcuffed Plaintiff, escorted him outside, uncuffed him and

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turned him around. Defendant Gonzales asked, “What[’]s the problem?” Plaintiff said, “There

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is no problem, I just don’t cell-up with gang members.” Defendant Laita then said, “You are

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fucking going in there!” (ECF No. 1, p. 5.) Defendant Laita grabbed Plaintiff, turned him

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around and cuffed him with so much force that Plaintiff felt a snap. Defendant Laita then

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dragged Plaintiff to his cell, uncuffed him and pushed him inside. Plaintiff alleges that he

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suffered a fractured wrist and ligament damage from the brutal handcuffing. He did not receive

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surgery on his wrist until December 19, 2013.

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The other inmate in Plaintiff’s cell said, “You know this is my cell now.” I said, “Look I

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don’t want any trouble. I just want to lie down. I am very sick.” The inmate said, “No stay right

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there by the door.” Plaintiff responded, “You want to do what these officers want you to do

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me?” The inmate said, “What’s that?” Plaintiff said, “Beat my ass up in here.” Plaintiff then

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said, “Let me move[] my T.V.” (ECF No. 1, p. 5.) At that point, the inmate proceeded to beat

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Plaintiff. The inmate suffered injuries to his knuckles, but Plaintiff received stitches to his leg

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and face. Plaintiff asserts that he was written up for fighting, but not for refusing a cell mate or

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cell move.

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Plaintiff further alleges that the sickness he was feeling turned out to be Valley Fever

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(coccidioidomycosis). He also alleges that he endured years of pain and suffering because PVSP

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delayed his complaint and he did not receive surgery on his wrist until December 19, 2013.

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III.

Discussion
A. Eleventh Amendment and Official Capacity

Plaintiff brings suit against Defendants in their individual and official capacities. To the

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extent that Plaintiff seeks to bring a damages claim against Defendants in their official capacities

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for money damages, he may not do so. The Eleventh Amendment prohibits suits for monetary

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damages against a State, its agencies, and state officials acting in their official capacities.
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Aholelei v. Dep’t of Public Safety, 488 F.3d 1144, 1147 (9th Cir. 2007). As such, the Eleventh

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Amendment bars any claim for monetary damages against defendants in their official capacities.

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However, the Eleventh Amendment does not bar claims for prospective injunctive relief

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against state officials acting in their official capacities. Los Angeles County Bar Ass’n v. Eu, 979

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F.2d 697, 704 (9th Cir. 1992). Here, Plaintiff seeks injunctive relief, including a stoppage in the

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use of force to house Plaintiff with incompatible cellmates. (ECF No. 1, p. 3.) Nonetheless,

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Plaintiff’s request for injunctive relief directed at PVSP prison officials is moot. Plaintiff has

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been transferred to the California Substance Abuse Treatment Facility. A request for injunctive

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relief becomes moot if a prisoner is transferred. Andrews v. Cervantes, 493 F.3d 1047, 1053 n. 5

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(9th Cir.2007) (citing Johnson v. Moore, 948 F.2d 517, 510 (9th Cir.1991) (per curiam). There is

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no indication that Plaintiff expects to be transferred back to PVSP. Darring v. Kincheloe, 783

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F.2d 874, 876 (9th Cir.1996).
B. Eighth Amendment – Excessive Force

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

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of 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.” Hudson v. McMillian, 503 U.S. 1, 6–7, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992). “In

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determining whether the use of force was wanton and unnecessary, it may also be proper to

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evaluate the need for application of force, the relationship between that need and the amount of

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force used, the threat reasonably perceived by the responsible officials, and any efforts made to

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temper the severity of a forceful response.” Id. at 7 (internal quotation marks and citations

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omitted).

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At the pleading stage, Plaintiff appears to state a cognizable excessive force claim against

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Defendant Laita. However, Plaintiff’s allegations are contradicted by his exhibits in which

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Plaintiff alleged that Defendant Gonzales, not Defendant Laita, forced Plaintiff into his cell.

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(ECF No. 1, p. 9, Ex. A.) Plaintiff will be given leave to cure this discrepancy.

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C. Eighth Amendment – Failure to Intervene

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Prison officials are required “to take reasonable steps to protect inmates from physical

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abuse.” Hoptowit v. Ray, 682 F.2d 1237, 1250 (9th Cir.1982) (abrogated on other grounds by

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Sandin v. O’Connor, 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995)). “[A] prison

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official can violate a prisoner’s Eight Amendment rights by failing to intervene.” Robins v.

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

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Although it appears that Plaintiff has stated a cognizable claim against Defendant

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Gonzales for failure to intervene in the use of excessive force by Defendant Laita, Plaintiff’s

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allegations are contradicted by his exhibits. As noted above, Plaintiff’s exhibits suggest that

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Defendant Gonzales, not Defendant Laita, used excessive force. Plaintiff will be given leave to

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cure this deficiency and clarify his allegations.

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Plaintiff has not stated a cognizable claim against either Defendant Gonzales or

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Defendant Laita for failure to intervene or for failure protect Plaintiff from harm by his cellmate.

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There are no factual allegations demonstrating that Defendants knew of a risk of harm to

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Plaintiff from his cellmate or that they were present during the alleged attack. Plaintiff will be

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given leave to cure these deficiencies.

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D. Eighth Amendment – Deliberate Indifference to Serious 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).

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Deliberate indifference is shown where the official is aware of a serious medical need and

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fails to adequately respond. Simmons v. Navajo County, Arizona, 609 F.3d 1011, 1018 (9th Cir.

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2010). “Deliberate indifference is a high legal standard.” Simmons, 609 F.3d at 1019; Toguchi v.
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Chung, 391 F.3d 1051, 1060 (9th Cir. 2004). The prison official must be aware of facts from

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which he could make an inference that “a substantial risk of serious harm exists” and he must

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make the inference. Farmer, 511 U.S. at 837.

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It is unclear whether Plaintiff intends to pursue a claim for deliberate indifference to

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serious medical needs related to his wrist or related to his contraction of Valley Fever. In an

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abundance of caution, the Court has provided the relevant pleading standard in the event that

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Plaintiff elects to file an amended complaint. Plaintiff is cautioned, however, that any amended

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complaint may not violate Federal Rule of Civil Procedure 18 regarding joinder of claims.

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Pursuant to Rule 18, Plaintiff may not bring unrelated claims against unrelated parties in

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a single action. Fed. R. Civ. P. 18(a), 20(a)(2); Owens v. Hinsley, 635 F.3d 950, 952 (7th Cir.

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2011); George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007). Plaintiff may bring a claim against

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multiple defendants so long as (1) the claim arises out of the same transaction or occurrence, or

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series of transactions and occurrences, and (2) there are commons questions of law or fact. Fed.

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R. Civ. P. 20(a)(2); Coughlin v. Rogers, 130 F.3d 1348, 1351 (9th Cir. 1997); Desert Empire

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Bank v. Insurance Co. of North America, 623 F.2d 1371, 1375 (9th Cir. 1980). Only if the

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defendants are properly joined under Rule 20(a) will the Court review the other claims to

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

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against the same party.

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E. Rules Violation Report (115)
Plaintiff appears to allege that his CDCR 115 Rules Violation Report for fighting is
incorrect. Plaintiff requests that the 115 be dismissed.

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An inmate can state a cognizable claim arising from a false disciplinary report if the false

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report was done in retaliation for the exercise of his constitutional rights or if the inmate was not

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afforded procedural due process in connection with the resulting disciplinary proceedings as

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provided in Wolff v. McDonnell, 418 U.S. 539, 563–70, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1874).

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See Hines v. Gomez, 108 F.3d 265, 267 (9th Cir.1997) (retaliation); Hanrahan v. Lane, 747 F.2d

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1137, 1141 (7th Cir.1984) (finding that an allegation that a prison guard planted false evidence

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which implicated an inmate in a disciplinary infraction failed to state a claim for which relief can
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be granted where procedural due process protections are provided); Brown v. Leyva, 2009 WL

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129879, *3 (E.D. Cal. Jan.20, 2009) (prisoner failed to state cognizable due process or retaliation

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claim based on allegedly false charges and reports); Rodgers v. Reynaga, 2009 WL 62130, *2

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(E.D. Cal. Jan.8, 2009) (inmate's allegations that defendants conspired to fabricate a false

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criminal offense that resulted in his re-housing in administrative segregation failed to state a

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cognizable retaliation or due process claim).

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Here, Plaintiff has failed to assert sufficient allegations to support a cognizable claim

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arising from an allegedly false disciplinary report. Plaintiff has not alleged that the report was

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done in retaliation for protected conduct. He also has not alleged that he was denied any

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procedural due process protections in connection with the disciplinary hearing. Plaintiff will be

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given leave to cure this deficiency to the extent that he is able to do so in good faith.

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IV.

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Plaintiff has failed to state a properly cognizable claim. As noted above, the Court will

Conclusion and Order

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provide Plaintiff with the opportunity to file an amended complaint to cure the identified

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

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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,

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

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

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at 555 (citations omitted). Additionally, 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).

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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). Therefore, Plaintiff’s amended

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complaint must be “complete in itself without reference to the prior or superseded pleading.”

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Local Rule 220.

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Based on the foregoing, it is HEREBY ORDERED that:

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The Clerk’s Office shall send Plaintiff a complaint form;
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Plaintiff’s complaint is dismissed for failure to state a cognizable claim;

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Within thirty (30) days from the date of service of this order, Plaintiff shall file a

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first amended complaint; and

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4.

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this action will be dismissed for failure to obey a court order.

If Plaintiff fails to file a first amended complaint in compliance with this order,

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IT IS SO ORDERED.
Dated:

/s/ Barbara

December 16, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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