Cranford v. Dirige et al

Filing 11

ORDER DISMISSING Complaint WITH LEAVE to File AMENDED Complaint within 30 days (Amended Complaint due by 11/10/2014). ORDER DENYING Motion to Consolidate (Doc. 5). signed by Magistrate Judge Barbara A. McAuliffe on 10/6/2014. (Herman, H)

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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.
TERESSITA DIRIGE, et al.,

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Defendants.

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1:14-cv-01101-BAM
ORDER DISMISSING COMPLAINT WITH
LEAVE TO FILE AMENDED COMPLAINT
WITHIN THIRTY DAYS
(ECF No. 1)
ORDER DENYING MOTION TO
CONSOLIDATE
(ECF No. 5)

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Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis in this civil rights action. Plaintiff complaint, filed on July 14, 2014, is currently before

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the Court for screening pursuant to 28 U.S.C. § 1915. Also pending before the Court is

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Plaintiff’s motion to consolidate this matter with Cranford v. Ahlin, et al., 1:14-cv-01131-MJS

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and Cranford v. Seats, et al., 1:14-cv-01102-MJS.

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I.

Screening Requirement
“Notwithstanding any filing fee, or any portion thereof, that may have been paid, the

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court shall dismiss the case at any time if the court determines that ... the action or appeal ... fails

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to state a claim upon which relief may be granted.” 28 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, 173
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L.Ed.2d 868 (2009) (citing Bell Atl. Corp. v. Twombly, 550.S. 544, 555 (2007)). Plaintiff must

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set forth “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on

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its face.’” Id. (quoting Twombly, 550 U.S. at 570). While factual allegations are accepted as true,

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legal conclusions are not. Id.

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II.

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Allegations in Complaint
Plaintiff names Teressita Dirige, Jessice C., Jeassinica Seats, and Brian Martinez as

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defendants. Plaintiff alleges that on July 5, 2014, he approached defendants about an extremely

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painful bunion that was bleeding and causing pain. Defendants refused to summon medical aid

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for two days.

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Plaintiff also alleges that he is forced to sleep in a dorm where he is assaulted on a daily

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basis and that his HIPAA rights have been violated by the dissemination of confidential medical

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information.

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III.

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Discussion
A. Medical Care & Failure to Protect

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As a civil detainee, Plaintiff’s rights to medical care and personal safety are protected by the

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substantive component of the Due Process Clause of the Fourteenth Amendment. Youngberg v.

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Romeo, 457 U.S. 307, 315 (1982). Under this provision of the Constitution, Plaintiff is “entitled

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

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confinement are designed to punish.” Jones v. Blanas, 393 F.3d 918, 931 (9th Cir. 2004)

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(quoting Youngberg, 457 U.S. at 321-22); cf. Clouthier v. County of Contra Costa, 591 F.3d

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1232, 1243-44 (9th Cir. 2010) (pretrial detainees, who are confined to ensure their presence at

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trial, are afforded only those protections provided by the Eighth Amendment). Thus, to avoid

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liability, Defendants’ decisions must be supported by “professional judgment.” Youngberg, 457

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U.S. at 323. A defendant fails to use professional judgment when his or her decision is “such a

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substantial departure from accepted professional judgment, practice, or standards as to

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demonstrate that [he or she] did not base the decision on such a judgment.” Youngberg, 457 U.S.

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at 323.

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Here, Plaintiff’s allegations fail to state a claim under this standard for his medical care or for

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his claim of failure to protect. With regard to medical care, at best Plaintiff has alleged that he

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complained of a painful bunion, but he has not identified any resulting harm or consequences

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resulting from the pain or from Defendants’ purported failure to summon medical assistance for

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two days. In the absence of any such allegations, Defendants’ conduct appears to be supported

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by professional judgment that Plaintiff did not require any treatment. The absence of any

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apparent consequence or harm also suggests that Plaintiff was treated within accepted standards

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of professional judgment.

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With regard to his allegation that he is required to sleep in a dorm and is subjected to

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repeated assaults, this is insufficient to state a constitutional claim based on a failure to protect.

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The allegations do not identify any threatened acts that Defendants could or should have acted to

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prevent. While Plaintiff has a liberty interest in safe conditions of confinement, Youngberg, 457

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U.S. at 315, and care that is professionally acceptable. Id. at 321, his allegations are not sufficient

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to state a claim under applicable standards.

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Plaintiff will be given leave to amend his complaint to cure these deficiencies.

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B. HIPAA Violation

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HIPAA provides no private right of action and therefore, Plaintiff’s HIPAA claim fails as

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a matter of law. Seaton v. Mayberg, 610 F.3d 530, 533 (9th Cir. 2010) (citing Webb v. Smart

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Document Solutions, LLC, 499 F3d 1078, 1081 (9th Cir. 2007)).

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To the extent that Plaintiff’s claim can be construed as one also brought for violation of

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his constitutional rights under 42 U.S.C. § 1983, the complaint is devoid of any support for a

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claim that Defendants violated Plaintiff’s right to informational privacy under the Due Process

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Clause of the Fourteenth Amendment. Seaton, 610 F.3d at 537-41. Plaintiff’s allegations are

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conclusory at best.

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IV.

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Federal Rule of Civil Procedure 42(a) permits the court to consolidate actions involving a

Motion To Consolidate

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common question of law or fact if doing so serves the purposes of judicial economy and

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convenience. “The district court has broad discretion under this rule to consolidate cases pending
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in the same district.” Investors Research Co. v. United States District Court for the Central

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District of California, 877 F.2d 777 (9th Cir. 1989). In determining whether to consolidate

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actions, the court weighs the interest of judicial convenience against the potential for delay,

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confusion, and prejudice caused by consolidation. Southwest Marine, Inc., v. Triple A. Mach.

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Shop, Inc., 720 F.Supp. 805, 807 (N.D. Cal. 1989).

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Plaintiff moves to consolidate the following cases with the instant action: Cranford v. Ahlin,

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et al., 1:14-cv-01131-MJS and Cranford v. Seats, et al., 1:14-cv-01102-MJS. He filed motions to

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consolidate in each of these cases. His motion to consolidate in Case No. 1:14-cv-01131-MJS

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was denied on September 9, 2014. His motion to consolidate in Case No. 1:14-cv-01102 was

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denied on August 25, 2014.

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Plaintiff argues that these cases share common questions of law and fact. However, Plaintiff

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fails to identify the common questions of law and fact. He also fails to identify any relationship

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between the cases or demonstrate that consolidation would serve the purposes of economy and

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judicial convenience. Further, the Court cannot determine whether these cases share common

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questions because there is no operative complaint on file in Cranford v. Seats and the instant

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complaint shall be dismissed with leave to amend.

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For these reasons, Plaintiff’s motion to consolidate shall be denied.

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V.

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For the above reasons, Plaintiff fails to state a claim for which relief may be granted against

Conclusion and Order

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any defendant. As Plaintiff is proceeding pro se, he will be given an opportunity to amend his

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complaint to the extent that he can do so in good faith. See Lopez v. Smith, 203 F.3d 1122, 1127

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(9th Cir. 2000).

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Plaintiff may not change the nature of this suit by adding new, unrelated claims in his

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amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no “buckshot”

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complaints).

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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).

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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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1. Plaintiff’s complaint is dismissed with leave to amend;

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2. Plaintiff’s motion to consolidate, filed on July 30, 2014, is DENIED;

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3. Within thirty (30) days from the date of service of this order, Plaintiff shall file an
amended complaint; and
4. If Plaintiff fails to file an amended complaint in compliance with this order, this action
will be dismissed for failure to obey a court order and for failure to state a claim.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

October 6, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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