Brown v. Sutter Center for Psychiatry et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 12/23/2011 RECOMMENDING that this action be dismissed without prejudice to pursuing remedies in state court. Referred to Judge Kimberly J. Mueller. Objections to F&R due within 14 days. (Zignago, K.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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AARON BROWN,
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No. CIV S-11-2661-KJM-CMK
Plaintiff,
vs.
FINDINGS AND RECOMMENDATIONS
SUTTER CENTER FOR
PSYCHIATRY, et al.,
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Defendants.
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Plaintiff, who is proceeding pro se, brings this civil rights action. Pending before
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the court is plaintiff’s complaint (Doc. 1). The court is required to screen complaints brought by
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prisoners seeking relief against a governmental entity or officer or employee of a governmental
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entity. See 28 U.S.C. § 1915A(a). The court is also required to screen complaints brought by
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litigants who have been granted leave to proceed in forma pauperis. See 28 U.S.C. § 1915(e)(2).
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Under these screening provisions, the court must dismiss a complaint or portion thereof if it:
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(1) is frivolous or malicious; (2) fails to state a claim upon which relief can be granted; or
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(3) seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C.
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§§ 1915(e)(2)(A), (B) and 1915A(b)(1), (2). Moreover, pursuant to Federal Rule of Civil
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Procedure 12(h), this court must dismiss an action “[w]henever it appears . . . that the court lacks
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jurisdiction of the subject matter . . . .” Because plaintiff, who is not a prisoner, has been granted
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leave to proceed in forma pauperis, the court will screen the complaint pursuant to § 1915(e)(2).
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Pursuant to Rule 12(h), the court will also consider as a threshold matter whether it has subject-
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matter jurisdiction.
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I. PLAINTIFF’S ALLEGATIONS
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Plaintiff names the following as defendants: Sutter Center for Psychiatry;
Donomic J. Herda, a doctor; Simriti Singh, a doctor; Goodman, a doctor; Nirajp Gupta, a doctor;
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Stephen E. Ericson; Jeffrey S. Kahn; West Sacramento Police Department; Tate, a police
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investigator; Joshua Carruth; and Gona Moya, a deputy coroner. Plaintiff states that he is the
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twin brother of Eric Brown, who is now deceased. Plaintiff’s complaint concerns the
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circumstances of plaintiff’s brother’s death and resulting investigation.
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According to plaintiff, on October 20, 2010, he learned that his brother had
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committed suicide, apparently while he was living at the Flagstone Motel. Plaintiff states that he
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was told “misinformation” by Officer Carruth that the windows on his brother’s motel room
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could not be opened from either the inside or outside. It is not clear what bearing this has on
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plaintiff’s claim. Next, plaintiff states that the next month – November 2010 – defendants
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working for the police department told plaintiff that they would conduct follow-up interviews
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with various potential witnesses, but never did. Plaintiff adds that he later learned that a 10mm
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cartridge had been found in his brother’s room, and that the autopsy revealed scratch marks on
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his brother’s wrist.
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With respect to the medical defendants, plaintiff appears to allege negligence in
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their treatment of his brother’s mental health problems.
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II. DISCUSSION
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Section 1983 provides a remedy for violations of rights guaranteed by the United
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States Constitution, see Buckley v. City of Redding, 66 F.3d 188, 190 (9th Cir. 1995), as well as
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rights guaranteed by federal statutes, see Gonzaga University v. Doe, 536 U.S. 273, 279 (2002).
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It does not, however, provide a remedy for violations of state law. See Hydrick v. Hunter, 500
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F.3d 978, 987 (9th Cir. 2007). In this case, the court cannot discern how the facts alleged in
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plaintiff’s complaint relate to any violations of either federal law or the constitution. Plaintiff
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complains of alleged negligence with respect to: (1) treatment of his brother’s mental health
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problems; (2) the investigation into the circumstances of his brother’s death; and (3) the autopsy
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performed on his brother’s body. Negligence is a state law claim that does not implicate
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violation of either federal law or the constitution.
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III. CONCLUSION
Based on the foregoing, the undersigned recommends that this action be dismissed
without prejudice to pursuing remedies in state court.
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These findings and recommendations are submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days
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after being served with these findings and recommendations, any party may file written
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objections with the court. Responses to objections shall be filed within 14 days after service of
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objections. Failure to file objections within the specified time may waive the right to appeal.
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See Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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DATED: December 23, 2011
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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