Robinson v. Holguin, et al.

Filing 14

ORDER Finding Cognizable Claims and Ordering Defendants to File a Responsive Pleading within Thirty Days signed by Magistrate Judge Dennis L. Beck on 09/17/2014. (Flores, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11

MAURICE D. ROBINSON,

12

Plaintiff,

13
14

vs.
P. HOLGUIN, et al.,

15

Defendants.

)
)
)
)
)
)
)
)
)
)

1:14cv00427 AWI DLB PC
ORDER FINDING COGNIZABLE CLAIMS
AND ORDERING DEFENDANTS TO FILE
A RESPONSIVE PLEADING WITHIN
THIRTY DAYS

16

Plaintiff Maurice D. Robinson (“Plaintiff”) is a state prisoner proceeding pro se in this

17
18

civil rights action. This action was originally filed on April 2, 2012, in the Kings County

19

Superior Court. Defendant Correctional Officers P. Holguin and L. Borges removed the action

20

to this Court on March 24, 2014.1 Defendants also paid the filing fee.

21

A.

22

LEGAL STANDARD
The Court is required to screen complaints brought by prisoners seeking relief against a

23

governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).
24
25
26
27
28

The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are
legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or
that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C.
1

Defendants were served with summons and the complaint on March 4, 2014.
1

1
2
3
4
5

§ 1915A(b)(1),(2). “Notwithstanding any filing fee, or any portion thereof, that may have been
paid, the court shall dismiss the case at any time if the court determines that . . . the action or
appeal . . . fails to state a claim upon which relief may be granted.” 28 U.S.C.
§ 1915(e)(2)(B)(ii).
A complaint must contain “a short and plain statement of the claim showing that the

6
7
8
9

pleader is entitled to relief . . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not
required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere
conclusory statements, do not suffice.” Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009) (citing

10

Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth “sufficient

11

factual matter, accepted as true, to ‘state a claim that is plausible on its face.’” Id. (quoting

12

Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are

13

not. Id.

14
15
16
17
18

Section 1983 provides a cause of action for the violation of Plaintiff’s constitutional or
other federal rights by persons acting under color of state law. Nurre v. Whitehead, 580 F.3d
1087, 1092 (9th Cir 2009); Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006);
Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). Plaintiff’s allegations must link the
actions or omissions of each named defendant to a violation of his rights; there is no respondeat

19

superior liability under section 1983. Iqbal, 556 U.S. at 676-77; Simmons v. Navajo County,
20
21
22
23

Ariz., 609 F.3d 1011, 1020-21 (9th Cir. 2010); Ewing v. City of Stockton, 588 F.3d 1218, 1235
(9th Cir. 2009); Jones, 297 F.3d at 934. Plaintiff must present factual allegations sufficient to
state a plausible claim for relief. Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret Service, 572

24

F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this

25

plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d at 969.

26
27
28
2

1
2
3
4

B.

PLAINTIFF’S ALLEGATIONS
Plaintiff is currently incarcerated in California State Prison- Sacramento. The events

occurred while Plaintiff was incarcerated in the Security Housing Unit at Corcoran State Prison.
Plaintiff alleges that on May 2, 2011, when an LVN came to his cell, he refused to take

5

his Keyhea medication. Moments later, Defendants Holguin and Borges came to his cell and
6
7
8
9

placed him in handcuffs, with his hands behind his back. They removed Plaintiff from his cell,
and Plaintiff believed he was going to receive his medication shot.
Defendants escorted Plaintiff across the dayroom floor, towards the section door leading

10

into the rotunda area. Upon entering the rotunda area, Defendant Holguin slammed him into the

11

wall and said, “You need to start taking your medication, fucking bitch.” Plaintiff responded,

12

“It’s none of your fucking business.” ECF No. 2, at 7.

13

Defendant Holguin began punching Plaintiff in the back of his head, causing his face to

14

hit the wall and busting his right eye open. Defendant Holguin then slammed Plaintiff to the

15

ground, and kicked and punched him in his head, legs and arms for approximately two minutes.

16
17
18

Defendant Holguin told Defendant Borges not to activate his alarm. Defendant Holguin
then dragged Plaintiff to the heart of the rotunda and placed him in a holding cell. When
Plaintiff told Defendant Holguin that he needed to see a doctor, Defendant Holguin sprayed

19

Plaintiff with pepper-spray.
20
21
22
23

During these events, Defendant Borges stood by and failed to protect him from
Defendant Holguin.
Plaintiff alleges that to cover up the incident, Defendants wrote Rules Violation Reports

24

indicating that Plaintiff was assaultive and resisting. Plaintiff alleges that at no time on May 2,

25

2011, did he attempt to assault or resist Defendants.

26
27

Plaintiff contends that Defendants violated the Eighth Amendment, resulting in mental
and physical injuries.

28
3

1
2
3
4
5

C.

ANALYSIS
The unnecessary and wanton infliction of pain violates the Cruel and Unusual

Punishments Clause of the Eighth Amendment. Hudson v. McMillian, 503 U.S. 1, 5, 112 S.Ct.
995 (1992) (citations omitted). For claims arising out of the use of excessive physical force, the
issue is “whether force was applied in a good-faith effort to maintain or restore discipline, or

6
7
8
9

maliciously and sadistically to cause harm.” Wilkins v. Gaddy, 559 U.S. 34, 37, 130 S.Ct. 1175,
1178 (2010) (per curiam) (citing Hudson, 503 U.S. at 7) (internal quotation marks omitted);
Furnace v. Sullivan, 705 F.3d 1021, 1028 (9th Cir. 2013). The objective component of an Eighth

10

Amendment claim is contextual and responsive to contemporary standards of decency, Hudson,

11

503 U.S. at 8 (quotation marks and citation omitted), and although de minimis uses of force do

12

not violate the Constitution, the malicious and sadistic use of force to cause harm always violates

13

contemporary standards of decency, regardless of whether or not significant injury is evident,

14

Wilkins, 559 U.S. at 37-8, 130 S.Ct. at 1178 (citing Hudson, 503 U.S. at 9-10) (quotation marks

15

omitted); Oliver v. Keller, 289 F.3d 623, 628 (9th Cir. 2002).

16
17
18

The failure to intervene can support an excessive force claim where the bystanderofficers had a realistic opportunity to intervene but failed to do so. Lolli v. County of Orange,
351 F.3d 410, 418 (9th Cir. 2003); Cunningham v. Gates, 229 F.3d 1271, 1289 (9th Cir. 2000);

19

Robins v. Meecham, 60 F.3d 1436, 1442 (9th Cir. 1995); see also Motley v. Parks, 383 F.3d
20
21
22
23

1058, 1071 (9th Cir. 2004) (neither officers who participated in the harassing search nor officers
who failed to intervene and stop the harassing search were entitled to qualified immunity).
Plaintiff’s allegations are sufficient to state a claim against Defendant Holguin for the use

24

of excessive force in violation of the Eighth Amendment. Plaintiff also states a claim against

25

Defendant Borges for failure to intervene, in violation of the Eighth Amendment.

26
27
28
4

1

D.

CONCLUSION AND ORDER

2
3
4

Plaintiff’s complaint states an Eighth Amendment claim against Defendants Holguin and
Borges. Defendants have already been served with the complaint. Therefore, Defendants are
ORDERED to file a responsive pleading within thirty (30) days from the date of service of this

5

order.
6
7

IT IS SO ORDERED.

8
9

Dated:

/s/ Dennis

September 17, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5