Tagle v. Cal-Trans

Filing 16

ORDER DISMISSING 1 COMPLAINT WITH LEAVE TO AMEND signed by Magistrate Judge Barbara A. McAuliffe on 6/30/2015. Amended Complaint due by 8/3/2015.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VICTOR TAGLE,

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Plaintiff,

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v.

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CAL-TRANS,

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Defendant.

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1:14-cv-01617---BAM
ORDER DISMISSING COMPLAINT WITH
LEAVE TO AMEND
(ECF No. 1)
THIRTY-DAY DEADLINE

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I.

Screening Requirement and Standard
Plaintiff Victor Tagle (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil action against Defendant Cal-Trans. Plaintiff’s complaint, filed on October

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3, 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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To survive screening, Plaintiff’s claims must be facially plausible, which requires

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

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

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

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

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of 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.

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II.

Plaintiff’s Allegations
Plaintiff initiated this action while incarcerated at High Desert State Prison and brings

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suit against the California Department of Transportation (Cal-Trans) for employment

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discrimination and recovery of lost wages. In his complaint, styled as a letter, Plaintiff alleges:

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On January 26, 2010, Plaintiff was hired by Cal-Trans as a heavy equipment mechanic. Plaintiff

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lived in Las Vegas, Nevada, but moved to California for the position as a lead mechanic in

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Bishop, California. Approximately six months after starting his job, the current shop supervisor

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was retiring and Plaintiff was appointed as the future shop supervisor.

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At some point in time, Plaintiff was on a lunch break, in a truck, using his cellphone to

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call his family. Plaintiff was out by the yard speaking Spanish on the phone. Plaintiff was

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accused by Mr. Nelson of talking about him in Spanish. As a result, Plaintiff was suspended

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without pay.

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Plaintiff called his union representative. The representative said he was not willing or

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able to take that type of problem. Plaintiff ended up out of a job, stranded in Bishop with his

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family. Plaintiff remained there for a few months with the hope that Cal-Trans would hold an

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arbitration hearing. When it did not happen, Plaintiff moved back to Las Vegas. As a result of

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the move, Plaintiff alleges that he caught the wrong people’s attention and ended up with his

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tools, clothes and furniture stolen. He also lost his house.
While applying for jobs, Plaintiff alleges that Cal-Trans personnel defamed him and told

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prospective employers that Plaintiff lost his job due to his personality.

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Several months later, Plaintiff attended an arbitration hearing in Fresno, California.

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During the hearing, it was asserted that Plaintiff was harassing Mr. Nelson. However, Mr.

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Nelson did not attend the hearing. Plaintiff allegedly was “forgiven for his sins.” (Doc. 1, at p.

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4.) Plaintiff asked the judge to make sure that Cal-Trans would not defame his name. The judge

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said that she would make sure of it and she also said that Plaintiff’s past due wages were

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awarded. Plaintiff claims that he never saw the money. Plaintiff spoke to Cal-Trans’

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representative at the hearing, but Cal-Trans never paid him. At some later point, Plaintiff sent

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letters to Cal-Trans asking for his wages. Plaintiff subsequently was arrested and convicted.

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During that time, he was unable to contact Cal-Trans.
Plaintiff now seeks to collect his past due wages and damages based on a violation of his

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civil rights. (ECF No. 1, pp. 1, 8-9.)

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III.

Discussion

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Plaintiff’s complaint fails to comply with Federal Rule of Civil Procedure 8 and fails to state

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a cognizable claim. Plaintiff will be given leave to cure the identified deficiencies in his

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complaint. To assist Plaintiff, the Court provides the pleading and legal standards that appear

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relevant to his claims.

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A. Federal Rule of Civil Procedure 8

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Pursuant to Federal Rule of Civil Procedure 8, a complaint must contain “a short and plain

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

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noted above, detailed factual allegations are not required, but “[t]hreadbare recitals of the

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elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal,

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556 U.S. at 678 (citation omitted). Plaintiff must set forth “sufficient factual matter, accepted as

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true, to ‘state a claim to relief that is plausible on its face.’” Iqbal, 556 U.S. at 678 (quoting

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

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not. Id.; see also Twombly, 550 U.S. at 556–557; Moss, 572 F.3d at 969.

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Although Plaintiff’s complaint is short, it lacks sufficient factual allegations to state a claim

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for relief. Specifically, Plaintiff’s complaint lacks important details, such as dates and

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information regarding the arbitration hearing and purported award of lost wages. Absent this

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factual information, the Court cannot determine whether Plaintiff states a cognizable claim or,

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more importantly, whether this Court maintains jurisdiction over Plaintiff’s claims. If Plaintiff

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chooses to amend his complaint, he should briefly and clearly state the facts giving rise to his

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claims for relief.

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B. Section 1983

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Insofar as Plaintiff attempts to bring a damages against Cal-Trans pursuant to 42 U.S.C. §

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1983, he may not do so. The State of California and the Department of Transportation have

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absolute immunity from suit under section 1983. E.g., Pennhurst State School & Hosp. v.

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Halderman, 465 U.S. 89, 100, 104 S.Ct. 900 (1984); Buckwalter v. Nevada Bd. of Medical

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Examiners, 678 F.3d 737, 740 n.1 (9th Cir. 2012). Further, “[s]tate agencies (such as Caltrans)

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are not ‘persons’ within the meaning of § 1983, and are therefore not amenable to suit under that

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statute.” Maldonado v. Harris, 370 F.3d 945, 951 (9th Cir. 2004) (citing Will v. Mich. Dep’t of

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State Police, 491 U.S. 58, 70, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989).

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C. Title VII

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To the extent Plaintiff is pursuing a discrimination action pursuant to Title VII of the 1964

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Civil Rights Act, 42 U.S.C. § 2000e-5, et seq, he must establish federal subject matter

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jurisdiction. See Cerrato v. San Francisco Community College Dist., 26 F.3d 968, 976 (9th Cir.

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2009) (Congress has abrogated Eleventh Amendment immunity with respect to Title VII claims).

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To establish such jurisdiction for a Title VII claim, a plaintiff must exhaust his remedies by filing

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an administrative charge of discrimination with the Equal Employment Opportunity Commission

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(EEOC) before commencing an action in federal court. B.K.B. v. Maui Police Dept., 276 F.3d

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1091, 1099 (9th Cir. 2002); Sommatino v. United States, 255 F.3d 704, 708 (9th Cir. 2001).

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There is no indication that Plaintiff has complied with the exhaustion requirement.

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D. State Law – Wrongful Termination

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Insofar as Plaintiff attempt to bring a state law action for wrongful termination in violation of

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public policy he may not do so. Such claims against a state agency are barred pursuant to

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California Government Code section 815, which provides for immunity of public entities unless

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provided for by statute, because there is no express statutory authority providing for public entity

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liability. See Cal. Gov’t Code § 815(a); see also Haack v. California Dep’t of Corr. and Rehab.,

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2012 WL 570353, *4-6 (E.D. Cal. Feb. 21, 2012) (plaintiff could not maintain claim for

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wrongful termination in violation of public policy against state agency); Moore v. California

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Dep’t of Corr. and Rehab., 2011 WL 2433355, *8-9 (E.D. Cal. Jun. 13, 2011) (same); Scott v.

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Solano County Health and Social Servs. Dep’t, 2008 WL 3835267, *18 (E.D. Cal. Aug. 15,

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2008) (same).
IV.

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Conclusion and Order
Plaintiff’s complaint fails to comply with Federal Rule of Civil Procedure 8 and fails to

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state a cognizable claim. As Plaintiff is proceeding pro se, the Court will provide him with an

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opportunity to amend his complaint. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000).
Plaintiff’s amended complaint should be brief, Fed. R. Civ. P. 8(a), but must state what

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

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rights. Iqbal, 556 U.S. at 676. Plaintiff also must set forth “sufficient factual matter . . . to ‘state

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a claim that is plausible on its face.’” Id. at 678 (quoting Twombly, 550 U.S. at 555).
Additionally, Plaintiff may not change the nature of this suit by adding new, unrelated

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claims in his first amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no

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“buckshot” complaints).
Finally, Plaintiff is advised that an amended complaint supersedes the original complaint.

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Lacey v. Maricopa Cnty., 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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Plaintiff’s complaint is dismissed for failure to comply with Federal Rule of Civil

Procedure 8 and 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

first amended complaint; and
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If Plaintiff fails to comply with this order, the Court will dismiss this action

for failure to obey a court order.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 30, 2015

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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