Ruiz v. Mobert

Filing 44

SCREENING ORDER; FINDINGS and RECOMMENDATIONS that Plaintiff be Permitted to Proceed on his Excessive Force Claim Against Defendant Mobert and that all other Claims and Defendants be Dismissed; Referred to District Judge Anthony W. Ishii, signed by Magistrate Judge Jeremy D. Peterson on 1/28/2020. Objections to F&R due within FOURTEEN (14) DAYS. (Orozco, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:17-cv-00709-AWI-JDP

ROGELIO RUIZ,
Plaintiff,

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v.

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SCREENING ORDER

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FINDINGS AND RECOMMENDATIONS
THAT PLAINTIFF BE PERMITTED TO
PROCEED ON HIS EXCESSIVE FORCE
CLAIM AGAINST DEFENDANT MOBERT
AND THAT ALL OTHER CLAIMS AND
DEFENDANTS BE DISMISSED

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ECF No. 43

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R. MOBERT, et al.,
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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought

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under 42 U.S.C. § 1983. Plaintiff’s second amended complaint, filed August 26, 2019, ECF No.

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43, is before the court for screening under 28 U.S.C. § 1915A. Plaintiff alleges that defendant

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Mobert dragged his hand across the ground, causing pain and injury. Plaintiff further alleges that

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defendant Mobert reported false information that led to a false charge, which was recorded by

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defendant Hicks. Plaintiff has stated an excessive force claim against defendant Mobert, but no

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other claims. Thus, we recommend that all other claims and defendants be dismissed.

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I.

SCREENING AND PLEADING REQUIREMENTS
A federal court is required to screen a prisoner’s complaint seeking relief against a

governmental entity, officer, or employee. See 28 U.S.C. § 1915A(a). The court must identify
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any cognizable claims and dismiss any portion of a complaint that is frivolous or malicious, fails

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to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who

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is immune from such relief. See 28 U.S.C. §§ 1915A(b)(1), (2).

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A complaint must contain a short and plain statement that plaintiff is entitled to relief,

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Fed. R. Civ. P. 8(a)(2), and provide “enough facts to state a claim to relief that is plausible on its

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face,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The plausibility standard does not

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require detailed allegations, but legal conclusions do not suffice. See Ashcroft v. Iqbal, 556 U.S.

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662, 678 (2009). If the allegations “do not permit the court to infer more than the mere

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possibility of misconduct,” the complaint states no claim. Id. at 679. The complaint need not

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identify “a precise legal theory.” Kobold v. Good Samaritan Reg’l Med. Ctr., 832 F.3d 1024,

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1038 (9th Cir. 2016) (quoting Skinner v. Switzer, 562 U.S. 521, 530 (2011)). Instead, what

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plaintiff must state is a “claim”—a set of “allegations that give rise to an enforceable right to

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relief.” Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1264 n.2 (9th Cir. 2006) (en banc)

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(citations omitted).
The court must construe a pro se litigant’s complaint liberally, see Haines v. Kerner, 404

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U.S. 519, 520 (1972) (per curiam), but may dismiss a pro se litigant’s complaint “if it appears

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beyond doubt that the plaintiff can prove no set of facts in support of his claim [that] would

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entitle him to relief,” Hayes v. Idaho Corr. Ctr., 849 F.3d 1204, 1208 (9th Cir. 2017). “‘[A]

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liberal interpretation of a civil rights complaint may not supply essential elements of the claim

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that were not initially pled.’” Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir.

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1997) (quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)).

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II.

DISCUSSION
Section 1983 allows a private citizen to sue for the deprivation of a right secured by

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federal law. See 42 U.S.C. § 1983; Manuel v. City of Joliet, Ill., 137 S. Ct. 911, 916 (2017). To

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state a claim under § 1983, a plaintiff must show that a defendant acting under color of state law

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caused an alleged deprivation of a right secured by federal law. See 42 U.S.C. § 1983; Soo Park

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v. Thompson, 851 F.3d 910, 921 (9th Cir. 2017). The plaintiff can satisfy the causation

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requirement by showing either (1) the defendant’s “personal involvement” in the alleged
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deprivation or (2) a “sufficient causal connection” between the defendant’s conduct as a

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supervisor and the alleged deprivation. See King v. Cty. of Los Angeles, 885 F.3d 548, 559 (9th

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Cir. 2018).

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The defendants are state-prison employees who, accepting plaintiff’s allegations as true,

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can be inferred to have acted under color of state law. See Paeste v. Gov’t of Guam, 798 F.3d

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1228, 1238 (9th Cir. 2015) (“[G]enerally, a public employee acts under color of state law while

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acting in his official capacity or while exercising his responsibilities pursuant to state law.”

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(quoting West v. Atkins, 487 U.S. 42, 50 (1988))). We next consider whether plaintiff alleged

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sufficient facts to satisfy the causation requirement.

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In his second amended complaint, plaintiff states no claims or factual allegations related

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to defendant Parra. Thus, plaintiff has not alleged any claims against defendant Parra. To the

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extent that plaintiff seeks to sue defendant Parra based on the defendant’s supervisory role, he

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may not do so. Liability may not be imposed on supervisory personnel for the actions or

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omissions of their subordinates. See Iqbal, 556 U.S. at 676-77.

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The only individuals who plaintiff alleges, with specificity, personally participated in his
injury are defendants Mobert and Hicks. Thus, we examine those claims below.

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A. Excessive Force

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The Eighth Amendment’s prohibition against cruel and unusual punishment forbids

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excessive force in prison. See Farmer v. Brennan, 511 U.S. 825, 832 (1994). An excessive

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force claim “ultimately turns on ‘whether force was applied in a good faith effort to maintain or

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restore discipline or maliciously and sadistically for the very purpose of causing harm.’”

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Rodriguez v. Cty. of Los Angeles, 891 F.3d 776, 795 (9th Cir. 2018) (quoting Hudson v.

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McMillian, 503 U.S. 1, 6 (1992)). To decide whether a defendant used excessive force, a court

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ordinarily considers “(1) the need for application of force; (2) the extent of injuries; (3) the

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relationship between the need for force and the amount of force used; (4) the nature of the threat

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reasonably perceived by prison officers; and (5) efforts made to temper the severity of a forceful

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response.” Lyons v. Busi, 566 F. Supp. 2d 1172, 1186-87 (E.D. Cal. 2008) (quoting Hudson, 503

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U.S. at 7). A district court will give deference to prison officials’ decision to use force when the
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use of force pertains to security and order in prison. See Whitley v. Albers, 475 U.S. 312, 321-22

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(1986).
Here, accepting plaintiff’s allegations as true, we find that he has stated an excessive force

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claim against defendant Mobert. Plaintiff alleges that defendant Mobert dragged plaintiff’s right

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hand on the ground, causing a large injury, pain, and bleeding.

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B. False Disciplinary Report

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Prisoners retain their Fourteenth Amendment right to due process subject to the

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restrictions imposed by the nature of the penal system. See Wolff v. McDonnell, 418 U.S. 539,

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556 (1974). Prison disciplinary proceedings need not afford a prisoner the full panoply of rights

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afforded a defendant in a criminal proceeding. See id. at 556. However, where serious rules

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violations are alleged and the sanctions to be applied are severe enough, the Due Process Clause

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requires certain minimum procedural protections. See id. at 571-72.

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Prisoners may assert a procedural due process claim for changes in conditions so severe as

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to affect the sentence imposed in an unexpected manner. See Sandin v. Conner, 515 U.S. 472,

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484 (1995) (citing Vitek v. Jones, 445 U.S. 480, 493 (1980) (transfer to mental hospital), and

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Washington v. Harper, 494 U.S. 210, 221-22 (1990) (involuntary administration of psychotropic

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drugs)). Deprivations that are less severe or more closely related to the expected terms of

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confinement may also amount to deprivations of a procedurally-protected liberty interest,

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provided that the liberty interest in question is one of “real substance.” See Sandin, 515 U.S. at

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477-87. An interest of “real substance” will generally be limited to freedom from restraint that

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imposes an “atypical and significant hardship on the inmate in relation to the ordinary incidents of

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prison life” or that “will inevitably affect the duration of [a] sentence.” Id. at 484, 487.1

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Plaintiff’s complaint fails to state a claim for a due process violation based on the

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disciplinary proceeding for the charge of battery. Plaintiff was sent to “the hole”—meaning he

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To determine whether a restraint is an “atypical and significant hardship,” three guideposts have
been identified to frame the inquiry: whether the challenged condition mirrored the conditions
imposed on inmates in administrative segregation and protective custody; the duration of the
condition and degree of restraint imposed; and whether the discipline will invariably affect the
duration of the prisoner’s sentence. See Chappell v. Mandeville, 706 F.3d 1052, 1065 (9th Cir.
2013).
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was placed in administrative segregation—for three months. This type of sanction does not

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trigger any need for procedural protections under the federal constitution. See Sandin, 515 U.S. at

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478.

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Plaintiff alleges that defendant Mobert made a false accusation against him and falsified

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the disciplinary report. Plaintiff alleges that defendant Mobert instructed defendant Hicks to

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change a medical report and that defendant Hicks did so. False charges alone are not actionable

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under § 1983 because falsely accusing a person of misconduct does not violate a right secured by

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the Constitution or laws of the United States. An allegation of a false charge that results in

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discipline that is not severe enough to amount to a deprivation of a protected liberty interest under

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Sandin—that is, by imposing an atypical and significant hardship or by inevitably affecting the

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duration of confinement—does not state a claim under § 1983. See Smith v. Mensinger, 293 F.3d

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641, 653-54 (3d Cir.2002) (no § 1983 claim was stated for allegedly false charges because the

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disciplinary confinement imposed was too short to amount to an atypical and significant hardship

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under Sandin). Even if the false charge does result in discipline that amounts to the deprivation

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of a protected liberty interest under Sandin, a § 1983 claim is not stated if the inmate is afforded

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the procedural protections required by federal law at the disciplinary hearing. See Smith, 293

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F.3d at 654.

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In his second amended complaint, plaintiff fails to allege that an atypical or significant

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hardship was imposed as a result of any false charges. Plaintiff also fails to allege that he was not

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afforded a disciplinary hearing. Thus, he has stated no claims related to false disciplinary

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charges.

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III.

RECOMMENDATIONS
We have screened plaintiff’s complaint and conclude that he has stated an excessive force

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claims against defendant Mobert. He has stated no other claims. Plaintiff has been given

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numerous opportunities to amend his complaint, including the appointment of counsel to draft a

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complaint for him. Thus, further opportunity to amend would be futile. See Franklin v. Murphy,

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745 F.2d 1221, 1228 n.9 (9th Cir. 1984). In light of this conclusion and for the reasons stated

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above, plaintiff should be allowed to proceed on his excessive force claim against defendant
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Mobert and all other claims and defendants should be dismissed.

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We submit the findings and recommendations to the district judge presiding over this case

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under 28 U.S.C. § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States

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District Court, Eastern District of California. Within 14 days of the service of the findings and

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recommendations, any party may file written objections to the findings and recommendations

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with the court and serve a copy on all parties. That document should be captioned “Objections to

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Magistrate Judge’s Findings and Recommendations.” The district judge will review the findings

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and recommendations under 28 U.S.C. § 636(b)(1)(C).

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IT IS SO ORDERED.

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Dated:
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January 28, 2020
UNITED STATES MAGISTRATE JUDGE

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No. 204.

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