Cranford v. Okpala

Filing 10

ORDER DISMISSING 9 FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND, For Failure to State a Cognizable Claim Upon Which Relief May Be Granted signed by Magistrate Judge Stanley A. Boone on 1/29/2015. Second 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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ARCHIE CRANFORD,

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Plaintiff,

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v.
ANTONIA OKPALA,
Defendant.

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Case No.: 1:14-cv-00921-SAB (PC)
ORDER DISMISSING FIRST AMENDED
COMPLAINT, WITH LEAVE TO AMEND, FOR
FAILURE TO STATE A COGNIZABLE CLAIM
UPON WHICH RELIEF MAY BE GRANTED
[ECF No. 9

Plaintiff Archie Cranford is a civil detainee proceeding pro se in this civil rights action

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pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and Institutions

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Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison

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Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). Pursuant to 28 U.S.C. §

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636(c), Plaintiff consented to the jurisdiction of the United States Magistrate Judge on January 7,

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2015. Local Rule 302.

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Now pending before the Court is Plaintiff’s first amended complaint, filed January 23, 2015.

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I.

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SCREENING REQUIREMENT

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The Court is required to screen Plaintiff=s complaint and dismiss the case, in whole or in part, if
28 U.S.C. '

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the Court determines it fails to state a claim upon which relief may be granted.

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1915(e)(2)(B)(ii). A complaint must contain Aa 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 required,

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but A[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory

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statements, do not suffice,@ Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937 (2009) (citing Bell

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Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (2007)), and courts Aare not required to

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indulge 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). While factual allegations are accepted as true, legal

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conclusions are not. Iqbal, 556 U.S. at 678.

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Pro se litigants are entitled to have their pleadings liberally construed and to have any doubt

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resolved in their favor, Wilhelm v. Rotman, 680 F.3d 1113, 1121-23 (9th Cir. 2012); Hebbe v. Pliler,

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627 F.3d 338, 342 (9th Cir. 2010), but Plaintiff=s claims must be facially plausible to survive

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screening, 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 (quotation marks

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omitted); Moss v. U.S. 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 (quotation marks omitted); Moss, 572 F.3d

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at 969.

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II.

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COMPLAINT ALLEGATIONS

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Since May 2014, Plaintiff has made multiple attempts to get Defendant Okpala to set an

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appointment to see the unit doctor at Coalinga State Hospital. Each and every time Plaintiff has

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requested an appointment, Defendant states that she would make the appointment and each following

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day Plaintiff is replaced by a different patient based on priority. Plaintiff contends that Defendant

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denied him medical attention based on racial discrimination in prioritizing patients in need of medical

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care based on their race.

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III.

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DISCUSSION

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A.

Denial of Medical Attention

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As a civil detainee, Plaintiff is entitled to treatment more considerate than that afforded pretrial

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detainees or convicted criminals. Jones v. Blanas, 393 F.3d 918, 931-32 (9th Cir. 2004). Plaintiff’s

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right to constitutionally adequate conditions of confinement is protected by the substantive component

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of the Due Process Clause. Youngberg v. Romeo, 457 U.S. 307, 315 (1982).

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A determination whether Plaintiff’s rights were violated requires “balancing of his liberty

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interests against the relevant state interests.” Youngberg, 457 U.S. at 321. Plaintiff is “entitled to

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more considerate treatment and conditions of confinement than criminals whose conditions of

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confinement are designed to punish,” but the Constitution requires only that courts ensure that

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professional judgment was exercised. Youngberg, 457 U.S. at 321-22. A “decision, if made by a

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professional, is presumptively valid; liability may be imposed only when the decision by the

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professional is such a substantial departure from accepted professional judgment, practice, or

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standards as to demonstrate that the person responsible actually did not base the decision on such a

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judgment.” Id. at 322-23; compare Clouthier v. County of Contra Costa, 591 F.3d 1232, 1243-44 (9th

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Cir. 2010) (rejecting the Youngberg standard and applying the deliberate indifference standard to a

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pretrial detainee’s right to medical care, and noting that pretrial detainees, who are confined to ensure

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presence at trial, are not similarly situated to those civilly committed). The professional judgment

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standard is an objective standard and it equates “to that required in ordinary tort cases for a finding of

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conscious indifference amounting to gross negligence.” Ammons v. Washington Dep’t of Soc. &

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Health Servs., 648 F.3d 1020, 1029 (9th Cir. 2011) (citations and internal quotation marks omitted).

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Plaintiff contends that Defendant Okpala failed to set up an appointment with a doctor by

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engaging in racial discrimination by the prioritization of the patients. Although Plaintiff contends that

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Defendant Okpala improperly prioritized detainees medical attention based on their race, Plaintiff’s

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allegations are insufficient to determine if Plaintiff’s claim is plausible. Plaintiff’s claim is nothing

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more than a legal conclusory assertion that Defendant Okpala’s actions were motivated by racial

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discrimination and not based on a legitimate medical explanation. Plaintiff does not indicate the
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specific factual circumstances surrounding his request and Defendant’s denial of medical attention,

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and without such information the Court cannot determine whether Plaintiff states a plausible claim for

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relief.

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IV.

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CONCLUSION AND ORDER

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For the reasons stated, Plaintiff’s amended complaint fails to state a claim upon which relief

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may be granted. Plaintiff is granted leave to file an amended complaint within thirty (30) days. Noll

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v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). 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 (7th Cir.

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2007) (no “buckshot” complaints).

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

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named defendant did that led to the deprivation of Plaintiff’s constitutional or other federal rights.

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Iqbal, 556 U.S. 662, 678. “The inquiry into causation must be individualized and focus on the duties

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and responsibilities of each individual defendant whose acts or omissions are alleged to have caused a

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constitutional deprivation.” Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988). Although accepted as

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true, the “[f]actual allegations must be [sufficient] to raise a right to relief above the speculative level .

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. .” Twombly, 550 U.S. at 555 (citations omitted).

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Finally, an amended complaint supersedes the original complaint, Forsyth v. Humana, Inc.,

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114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987), and must be

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“complete in itself without reference to the prior or superseded pleading,” Local Rule 220. “All

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causes of 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 (9th Cir.

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1981)); accord Forsyth, 114 F.3d at 1474.

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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 civil rights complaint form;

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2.

Plaintiff’s complaint, filed January 23, 2015, is dismissed for failure to state a claim;

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3.

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

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amended complaint; and
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4.

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If Plaintiff fails to file an amended complaint in compliance with this order, this action
will be dismissed, with prejudice, for failure to state a claim.

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IT IS SO ORDERED.

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Dated:

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January 29, 2015
UNITED STATES MAGISTRATE JUDGE

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