Williams v. Santiago
Filing
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ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND 8 , signed by Magistrate Judge Michael J. Seng on 2/10/17: 30-Day Deadline. (Attachments: # 1 Amended Complaint - blank form)(Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL B. WILLIAMS,
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Plaintiff,
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CASE NO. 1:16-cv-01065-MJS (PC)
ORDER DISMISSING FIRST AMENDED
COMPLAINT WITH LEAVE TO AMEND
v.
(ECF NO. 8)
JESSICA SANTIAGO,
THIRTY DAY DEADLINE
Defendant.
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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil
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rights action brought pursuant to 42 U.S.C. § 1983. On November 1, 2016, the Court
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screened Plaintiff‟s complaint and found it stated no cognizable claims. (ECF No. 7.)
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Plaintiff was granted thirty days to amend. (Id.) His November 22, 2016 first amended
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complaint is before the Court for screening. (ECF No. 8.) He has consented to
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Magistrate Judge jurisdiction. (ECF No. 3.) No other party has appeared.
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I.
Screening Requirement
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The in forma pauperis statute provides, “Notwithstanding any filing fee, or any
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portion thereof, that may have been paid, the court shall dismiss the case at any time if
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the court determines that . . . the action or appeal . . . fails to state a claim upon which
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relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii).
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II.
Pleading Standard
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Section 1983 “provides a cause of action for the deprivation of any rights,
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privileges, or immunities secured by the Constitution and laws of the United States.”
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Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983).
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Section 1983 is not itself a source of substantive rights, but merely provides a method for
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vindicating federal rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94
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(1989).
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To state a claim under § 1983, a plaintiff must allege two essential elements:
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(1) that a right secured by the Constitution or laws of the United States was violated and
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(2) that the alleged violation was committed by a person acting under the color of state
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law. See West v. Atkins, 487 U.S. 42, 48 (1988); Ketchum v. Alameda Cnty., 811 F.2d
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1243, 1245 (9th Cir. 1987).
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A complaint must contain “a short and plain statement of the claim showing that
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the pleader is entitled to relief . . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations
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are not required, but “[t]hreadbare recitals of the elements of a cause of action,
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supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S.
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662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).
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Plaintiff must set forth “sufficient factual matter, accepted as true, to state a claim to relief
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that is plausible on its face.” Id. Facial plausibility demands more than the mere
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possibility that a defendant committed misconduct and, while factual allegations are
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accepted as true, legal conclusions are not. Id. at 677-78.
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III.
Plaintiff’s Allegations
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Plaintiff is detained at Coalinga State Hospital (“CSH”). He names Jessica
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Santiago “et al.” as Defendants in the caption of his complaint. He does not explicitly list
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any other Defendants, but his factual allegations include the names “Dr. R. Chand” and
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“Dr. Kim Nguyen.”
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Plaintiff‟s allegations can be summarized essentially as follows: On April 5, 2016,
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after Plaintiff refused to take certain medications because of extreme side effects,
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Defendant Santiago, a former Unit 6 supervisor at CSH, and other individuals, violated
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the Due Process Clause of the Fourteenth Amendment by placing Plaintiff‟s access card
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on hold and preventing him from entering and exiting the housing unit without a proper
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hearing. Plaintiff was denied: 1) written notice of the charges against him; 2) 24 hours
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advanced notice of the hearing; 3) a written statement by the fact-finder stating his or her
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reasons for the disciplinary action; 4) the right to call witnesses; and 5) legal assistance
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where Plaintiff may have been illiterate or where the issues presented were legally
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complex. Plaintiff also alleges that on March 31, 2016, Dr. Chand threatened to falsely
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report that Plaintiff was not competent to make his own medical decisions so that Plaintiff
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could be forcibly medicated without a court order. This threat was in retaliation for
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Plaintiff‟s continued refusal to take the medications prescribed by Dr. Kim Nguyen,
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including Plavix (a blood thinner), which caused Plaintiff internal bleeding and a heart
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attack one month prior.
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Plaintiff‟s access card remains on hold, therefore he is unable to enter or leave his
unit without a staff member. He states he is being punished for filing this suit.
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Plaintiff seeks the reversal of the guilty finding at his disciplinary hearing,
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expungement of his disciplinary record, reinstatement of his access card, and punitive
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and compensatory damages. He also seeks the appointment of counsel.
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IV.
Analysis
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Plaintiff‟s first complaint was dismissed for failure to state a claim. He was advised
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of the pleading standards for his due process and retaliation claims and directed to
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include more facts in his amended complaint. (See ECF No. 7 at 5-8.) Despite this,
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Plaintiff‟s amended complaint simply repeats the conclusory allegations contained within
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his first complaint, recites the elements of each cause of action, and attempts to argue
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why the claims he makes are legally sufficient. Plaintiff also argues that the Court‟s prior
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screening order imposed an improper “heightened” pleading standard for each of his
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claims.
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While Plaintiff is correct that “detailed factual allegations” are not required at the
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pleading stage, Iqbal, 556 U.S. at 678, a complaint still must set forth facts which, taken
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as true, state a plausible claim for which relief may be granted. Fed. R. Civ. P. 8(a)(2).
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For the reasons set forth below, Plaintiff‟s first amended complaint will be dismissed. He
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will, however, be given one final opportunity to amend.
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A.
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The Due Process Clause protects individuals from deprivations of liberty without
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due process of law. U.S. C ONST. amend. XIV. To make a Fourteenth Amendment
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procedural due process claim, a Plaintiff must show: (1) that a life, liberty or property
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interest exists and has been subject to interference by the state; and (2) that the
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procedures attendant upon the deprivation of that interest were constitutionally
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insufficient. Kentucky Dept. of Corrections v. Thompson, 490 U.S. 454, 460 (1990). A
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liberty interest may arise from the Constitution itself, or from an expectation or interest
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created by state laws or policies. Wolff v. McDonnell, 418 U.S. 539, 556-58 (1974).
Procedural Due Process
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Civil detainees have a liberty interest in not being punished without due process.
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See Rhoden v. Carona, No. SACV 08-00420 JHN (SS), 2010 WL 4449711, at *21 (C.D.
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Cal. Aug. 24, 2010) (citing Mitchell v. Dupnik, 75 F.3d 517, 524 (9th Cir. 1996) (requiring
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pretrial detainees be afforded a hearing prior to being subjected to disciplinary action));
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see also Cerniglia v. Cty. of Sacramento, No. 2:99-cv-01938-JKS-DAD, 2008 WL
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1787855, at *14 (E.D. Cal. Apr. 18, 2008) (noting that “[c]ontrolling law in this circuit is
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that due process requires that a pretrial detainee be provided a hearing before being
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subjected to internal disciplinary action” and seeing no reason not to extend that
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principle to civil detainees).
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The Supreme Court has outlined the minimum procedural protections due before
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a detainee may be deprived of a liberty interest effecting major changes in the conditions
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of confinement amounting to punishment. Wolff v. McDonnell, 418 U.S. 539, 556 (1974);
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see also Mitchell v. Dupnik, 75 F.3d at 525 (applying Wolff to pretrial detainees);
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Rhoden, 2010 WL 4449711, at *22 (applying Wolff to civil detainees.) They are: (1)
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written notice of the charges; (2) at least 24 hours between the time the prisoner
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receives written notice and the time of the hearing, so that the prisoner may prepare his
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defense; (3) a written statement by the fact finders of the evidence they rely on and
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reasons for taking disciplinary action; (4) the right of the prisoner to call witnesses in his
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defense, when permitting him to do so would not be unduly hazardous to institutional
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safety or correctional goals; and (5) legal assistance to the prisoner where the prisoner is
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illiterate or the issues presented are legally complex. Wolff, 418 U.S. at 563-71.
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On these facts, it is not clear that Plaintiff‟s access card was placed on hold for
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punitive reasons or even as part of a disciplinary or other hearing to which process rights
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attach. Even assuming the deactivation of Plaintiff‟s access card constituted a major
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change in the condition of his confinement amounting to punishment, there are no facts
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from which the Court can determine that this deprivation violated due process. Plaintiff
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provides no details about the hearing in which he was supposedly found guilty of a
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disciplinary violation, such as the identities of those present (he simply writes “Defendant
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Santiago . . . and others”), the role each Defendant played, the procedures afforded prior
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to and during the hearing, or even the charge he was found guilty of. Plaintiff‟s bare
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assertion that he was denied all of the procedural protections outlined in Wolff does not
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state a claim. There is no evidence that Plaintiff wished to present witnesses or required
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assistance due to his illiteracy or other disability. Plaintiff will be given one final
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opportunity to provide more facts about his disciplinary hearing and respond to the
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questions raised above and make it explicit why and how this deprivation was punitive in
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nature.
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B.
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Plaintiff states he was retaliated against for exercising his Fourteenth Amendment
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Retaliation
right to refuse medical treatment.
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Section 1983 provides for a cause of action against officials who retaliate against
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detainees for exercising their constitutionally protected rights. See Pratt v. Rowland, 65
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F.3d 802, 806 n. 4 (9th Cir. 1995) (“[R]etaliatory actions by prison officials are cognizable
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under § 1983.”) Within the institutional context, a viable claim of retaliation entails five
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basic elements: “(1) An assertion that a state actor took some adverse action against a
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[detainee] (2) because of (3) that [detainee‟s] protected conduct, and that such action (4)
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chilled the [detainee‟s] exercise of his constitutional rights, and (5) the action did not
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reasonably advance a legitimate [institutional] goal.” Rhodes v. Robinson, 408 F.3d 559,
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567-68 (9th Cir. 2005); accord Watison v. Carter, 668 F.3d at 1114-15; Silva v. Di
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Vittorio, 658 F.3d 1090, 1104 (9th Cir. 2011); Brodheim v. Cry, 584 F.3d at 1269.
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The second element focuses on causation and motive. See Brodheim v. Cry, 584
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F.3d 1262, 1271 (9th Cir. 2009). A plaintiff must show that his protected conduct was a
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“„substantial‟ or „motivating‟ factor behind the defendant‟s conduct.”
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Sorrano‟s Gasco, Inc. v. Morgan, 874 F.2d 1310, 1314 (9th Cir. 1989). Although it can
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be difficult to establish the motive or intent of the defendant, a plaintiff may rely on
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circumstantial evidence. Bruce, 351 F.3d at 1289 (finding that a prisoner established a
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triable issue of fact regarding prison officials‟ retaliatory motives by raising issues of
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suspect timing, evidence, and statements); Hines v. Gomez, 108 F.3d 265, 267-68 (9th
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Id. (quoting
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Cir. 1997); Pratt, 65 F.3d at 808 (“timing can properly be considered as circumstantial
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evidence of retaliatory intent”).
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In terms of the third prerequisite, the right to refuse unwanted medical treatment is
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constitutionally protected. Cruzan by Cruzan v. Director, Missouri Dept. of Health, 497
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U.S. 261, 278 (1990).
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With respect to the fourth prong, the correct inquiry is to determine whether an
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official‟s acts “could chill a person of ordinary firmness from continuing to engage in the
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protected activity[].” Pinard v. Clatskanie School Dist. 6J, 467 F.3d 755, 770 (9th Cir.
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2006); see also White v. Lee, 227 F.3d 1214, 1228 (9th Cir. 2000).
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With respect to the fifth prong, a detainee must affirmatively allege that the
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“authorities‟ retaliatory action did not advance legitimate goals of the [] institution or was
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not tailored narrowly enough to achieve such goals.” Rizzo v. Dawson, 778 F.2d at 532.
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Here, Plaintiff alleges that Dr. Chand “threatened” to file a report stating Plaintiff
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was incompetent to make his own medical decisions. Dr. Chand did so after Plaintiff
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refused to take medications prescribed by Dr. Nguyen. Plaintiff also alleges that
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Defendant Santiago placed Plaintiff‟s access card on hold after he refused to take his
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medications.
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These allegations are insufficient to state a claim for retaliation. It appears that
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Dr. Chand merely threatened to take steps to forcibly medicate Plaintiff if Plaintiff
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continued to refuse his medications. There is no allegation that Dr. Chand carried out
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this threat or otherwise took any adverse action against Plaintiff.
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As to Santiago, even assuming she disabled Plaintiff‟s access card after he
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refused his medications, it is not alleged that her actions were purely for punitive
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purposes and not in furtherance of a legitimate institutional goal. Finally, Plaintiff‟s
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conclusory allegation that he is being “punished” for filing this lawsuit does not state a
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claim.
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Plaintiff‟s retaliation claim will be dismissed. He will be given a final opportunity to
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amend.
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V.
Appointment of Counsel
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In its prior screening order, the Court advised Plaintiff that he was not entitled to
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the appointment of pro bono counsel. (ECF No. 7 at 3-4.) Plaintiff has presented no
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change in circumstances necessitating the appointment of counsel at this juncture,
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therefore his request will again be denied.
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VI.
Conclusion and Order
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Plaintiff‟s first amended complaint fails to state any cognizable claims. The Court
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will grant Plaintiff an opportunity to file an amended complaint. Noll v. Carlson, 809 F.2d
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1446, 1448-49 (9th Cir. 1987). If Plaintiff chooses to amend, he must set forth “sufficient
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factual matter . . . to „state a claim that is plausible on its face.‟” Iqbal, 556 U.S. at 678
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(quoting Twombly, 550 U.S. at 555 (2007)). Plaintiff must also demonstrate that each
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named Defendant personally participated in a deprivation of his rights. Jones v. Williams,
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297 F.3d 930, 934 (9th Cir. 2002).
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Plaintiff should note that although he has been given the opportunity to amend, it
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is not for the purposes of adding new claims. George v. Smith, 507 F.3d 605, 607 (7th
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Cir. 2007). Plaintiff should carefully read this screening order and focus hi s efforts on
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curing the deficiencies set forth above.
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Finally, Plaintiff is advised that Local Rule 220 requires that an amended
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complaint be complete in itself without reference to any prior pleading. As a general rule,
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an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d
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55, 57 (9th Cir. 1967). Once an amended complaint is filed, the original complaint no
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longer serves any function in the case. Therefore, in an amended complaint, as in an
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original complaint, each claim and the involvement of each defendant must be
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sufficiently alleged. The amended complaint should be clearly and boldly titled “First
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Amended Complaint,” refer to the appropriate case number, and be an original signed
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under penalty of perjury. Plaintiff's amended complaint should be brief. Fed. R. Civ. P.
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8(a). Although accepted as true, the “[f]actual allegations must be [sufficient] to raise a
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right to relief above the speculative level . . . .” Twombly, 550 U.S. at 555 (citations
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omitted).
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Accordingly, it is HEREBY ORDERED that:
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1. Plaintiff‟s first amended complaint (ECF No. 8) is DISMISSED with leave to
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amend;
2. The Clerk‟s Office shall send Plaintiff a blank civil rights complaint form and a
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copy of his complaint filed November 22, 2016;
3. Within thirty (30) days from the date of service of this order, Plaintiff must file
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a. A second amended complaint curing the deficiencies identified by the
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Court in this order; or
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b. A notice of voluntary dismissal; and
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4. If Plaintiff fails to file an amended complaint or notice of voluntary dismissal,
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this action will be dismissed, with prejudice, for failure to comply with a court
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order, failure to prosecute, and failure to state a claim.
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IT IS SO ORDERED.
Dated:
February 10, 2017
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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