Swafford v. Sacramento County Main Jail

Filing 11

ORDER signed by Magistrate Judge Craig M. Kellison on 09/29/14 denying 5 Motion to Compel. Plaintiff may file an amended compalint within 30 days of the date of service of this order. Plaintiff is required to identify doe defendants within a reasonable amount of time, in order to provide for proper service and notify the court upon the discovery of the doe defendants identity. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE G. SWAFFORD,

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No. 2:13-cv-1944-CMK-P

Plaintiff,
vs.

ORDER

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SACRAMENTO COUNTY MAIN JAIL,

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Defendant.

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/

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42

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U.S.C. § 1983. Pending before the court is plaintiff’s complaint (Doc. 1) and motion to compel

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(Doc. 5).

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The court is required to screen complaints brought by prisoners seeking relief

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against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.

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§ 1915A(a). The court must dismiss a complaint or portion thereof if it: (1) is frivolous or

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malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief

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

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the Federal Rules of Civil Procedure require that complaints 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)(2).
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This means that claims must be stated simply, concisely, and directly. See McHenry v. Renne,

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84 F.3d 1172, 1177 (9th Cir. 1996) (referring to Fed. R. Civ. P. 8(e)(1)). These rules are satisfied

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if the complaint gives the defendant fair notice of the plaintiff’s claim and the grounds upon

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which it rests. See Kimes v. Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). Because plaintiff must

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allege with at least some degree of particularity overt acts by specific defendants which support

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the claims, vague and conclusory allegations fail to satisfy this standard. Additionally, it is

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impossible for the court to conduct the screening required by law when the allegations are vague

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and conclusory.

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I. PLAINTIFF’S ALLEGATIONS

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In plaintiff’s complaint, he alleges his Eighth Amendment rights were violated.

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He claims that while at the Sacramento County Jail, he was ordered by a Doe defendant officer to

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move out of his top tier cell. Due to ill fitting clothes, plaintiff slipped and fell on the stairs on

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his way down. Instead of being asked if he needed help, Doe defendant officer simply told him

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to hurry up. He hurt his back during the fall, but did not report it right away. After a few days,

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the pain increased, and he requested medical attention. It took five days for him to be seen, and

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when he was the nurse failed to perform an examination. She only looked at his bruise and said

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he would heal. Plaintiff told the nurse that he felt pain, especially every time he walked down the

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stairs. He requested a lower tier cell chrono, which she denied. She also refused to order x-rays,

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but prescribed naproxen and told him to come back in a month if he was still in pain. The

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naproxen did little to deal with his pain. Plaintiff then filed three grievances, which did not get

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an immediate response. He states it took two weeks to get a response and evaluation by a doctor.

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The doctor then ordered tests and x-rays, and gave plaintiff a lower cell chrono. The x-rays

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showed arthritis and a compression fracture in his lower spine

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Plaintiff alleges the nurse violated his Eighth Amendment rights for failing to

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provide treatment. He further alleges the officer violated his Eighth Amendment rights by failing

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to protect him.
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II. DISCUSSION
The treatment a prisoner receives in prison and the conditions under which the

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prisoner is confined are subject to scrutiny under the Eighth Amendment, which prohibits cruel

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and unusual punishment. See Helling v. McKinney, 509 U.S. 25, 31 (1993); Farmer v. Brennan,

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511 U.S. 825, 832 (1994). The Eighth Amendment “. . . embodies broad and idealistic concepts

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of dignity, civilized standards, humanity, and decency.” Estelle v. Gamble, 429 U.S. 97, 102

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(1976). Conditions of confinement may, however, be harsh and restrictive. See Rhodes v.

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Chapman, 452 U.S. 337, 347 (1981). Nonetheless, prison officials must provide prisoners with

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“food, clothing, shelter, sanitation, medical care, and personal safety.” Toussaint v. McCarthy,

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801 F.2d 1080, 1107 (9th Cir. 1986). A prison official violates the Eighth Amendment only

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when two requirements are met: (1) objectively, the official’s act or omission must be so serious

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such that it results in the denial of the minimal civilized measure of life’s necessities; and (2)

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subjectively, the prison official must have acted unnecessarily and wantonly for the purpose of

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inflicting harm. See Farmer, 511 U.S. at 834. Thus, to violate the Eighth Amendment, a prison

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official must have a “sufficiently culpable mind.” See id.

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Deliberate indifference to a prisoner’s serious illness or injury, or risks of serious

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injury or illness, gives rise to a claim under the Eighth Amendment. See Estelle, 429 U.S. at

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105; see also Farmer, 511 U.S. at 837. This applies to physical as well as dental and mental

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health needs. See Hoptowit v. Ray, 682 F.2d 1237, 1253 (9th Cir. 1982). An injury or illness is

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sufficiently serious if the failure to treat a prisoner’s condition could result in further significant

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injury or the “. . . unnecessary and wanton infliction of pain.” McGuckin v. Smith, 974 F.2d

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1050, 1059 (9th Cir. 1992); see also Doty v. County of Lassen, 37 F.3d 540, 546 (9th Cir. 1994).

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Factors indicating seriousness are: (1) whether a reasonable doctor would think that the condition

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is worthy of comment; (2) whether the condition significantly impacts the prisoner’s daily

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activities; and (3) whether the condition is chronic and accompanied by substantial pain. See

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Lopez v. Smith, 203 F.3d 1122, 1131-32 (9th Cir. 2000) (en banc).
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The requirement of deliberate indifference is less stringent in medical needs cases

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than in other Eighth Amendment contexts because the responsibility to provide inmates with

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medical care does not generally conflict with competing penological concerns. See McGuckin,

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974 F.2d at 1060. Thus, deference need not be given to the judgment of prison officials as to

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decisions concerning medical needs. See Hunt v. Dental Dep’t, 865 F.2d 198, 200 (9th Cir.

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1989). The complete denial of medical attention may constitute deliberate indifference. See

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Toussaint v. McCarthy, 801 F.2d 1080, 1111 (9th Cir. 1986). Delay in providing medical

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treatment, or interference with medical treatment, may also constitute deliberate indifference.

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See Lopez, 203 F.3d at 1131. Where delay is alleged, however, the prisoner must also

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demonstrate that the delay led to further injury. See McGuckin, 974 F.2d at 1060.
Negligence in diagnosing or treating a medical condition does not, however, give

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rise to a claim under the Eighth Amendment. See Estelle, 429 U.S. at 106. Moreover, a

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difference of opinion between the prisoner and medical providers concerning the appropriate

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course of treatment does not give rise to an Eighth Amendment claim. See Jackson v. McIntosh,

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90 F.3d 330, 332 (9th Cir. 1996).

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Under these same principles, prison officials have a duty to take reasonable steps

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to protect inmates from physical abuse. See Hoptowit v. Ray, 682 F.2d 1237, 1250-51 (9th Cir.

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1982); Farmer, 511 U.S. at 833. Liability exists only when two requirements are met: (1)

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objectively, the prisoner was incarcerated under conditions presenting a substantial risk of

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serious harm; and (2) subjectively, prison officials knew of and disregarded the risk. See Farmer,

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511 U.S. at 837. The very obviousness of the risk may suffice to establish the knowledge

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element. See Wallis v. Baldwin, 70 F.3d 1074, 1077 (9th Cir. 1995). Prison officials are not

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liable, however, if evidence is presented that they lacked knowledge of a safety risk. See Farmer,

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511 U.S. at 844. The knowledge element does not require that the plaintiff prove that prison

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officials know for a certainty that the inmate’s safety is in danger, but it requires proof of more

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than a mere suspicion of danger. See Berg v. Kincheloe, 794 F.2d 457, 459 (9th Cir. 1986).
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Finally, the plaintiff must show that prison officials disregarded a risk. Thus, where prison

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officials actually knew of a substantial risk, they are not liable if they took reasonable steps to

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respond to the risk, even if harm ultimately was not averted. See Farmer, 511 U.S. at 844.

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To the extent plaintiff alleges the nurse at the jail refused to provide any medical

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treatment, the complaint appears to state a cognizable claim for relief pursuant to 42 U.S.C.

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§ 1983 and 28 U.S.C. § 1915A(b). However, as to his claim against the officer for failure to

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protect, this claim fails for lack of sufficient factual allegations. There is nothing in the

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complaint to indicate that this officer had any reason to know or even think that plaintiff would

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have difficulties maneuvering down the stairs. Plaintiff has not alleged that his protective

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custody status has anything to do with maneuverability or any sort of disability that would cause

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him to be at a substantial risk in walking down the stairs. Nor has he alleged that this particular

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officer had any knowledge of such a risk, were it to exist. This is not a situation wherein the

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plaintiff was harmed by another person, or put in an unusually risky situation. All plaintiff

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alleges is that he was required to walk down the stairs, with his minimal belongings, an action

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which occurs by many inmates on a regular basis. Although the possibility is slim, plaintiff will

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be provided an opportunity to cure this defect by pleading facts, if they exist, to indicate his

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situation was so unusual and known to the officer as to meet the pleading standards set forth

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above.

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As to plaintiff’s motion to compel, the court finds this motion defective on its

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face. There is no argument set forth in his motion, as it consists of no more than the caption of a

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motion. Presumably, plaintiff is requesting assistance to discover the name of the officer and the

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nurse he has alleged violated his rights. However, as to the nurse, that information is likely in his

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medical records, which he should have access to if he follows the proper procedure. As to the

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officer, the court finds the allegations insufficient at this time to state a claim, and is unwilling

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and unable to use its limited resources in assisting plaintiff to discover the identity of this

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individual, certainly at least not until he is able to allege sufficient facts to state a claim. In
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addition, plaintiff fails to set forth any effort on his part to attempt to identify his defendants. It

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is up to the plaintiff, not the court, to discover the identity of the individuals he files a complaint

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against. If plaintiff is somehow prevented from doing so, before the court may attempt to

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intervene he will be required to show what efforts he has put forth do so and what has prevented

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his success.

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As to the nurse identified as a Doe in the complaint, plaintiff will be required to

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discovery her identity in order to provide for proper service. Doe defendants are not favored in

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the Ninth Circuit as a general policy. See Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir.1980).

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However, in situations where the identity a defendant is not known prior to the filing of a

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complaint, “the plaintiff should be given an opportunity through discovery to identify the

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unknown defendants, unless it is clear that discovery would not uncover the identities, or that the

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complaint would be dismissed on other grounds.” Id. (citing Gordon v. Leeke, 574 F.2d 1147,

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1152 (4th Cir.1978); see also Wakefield v. Thompson, 177 F.3d 1160, 1163 (9th Cir. 1999).

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Upon discovering the name of the “Doe” defendants, or any of them, plaintiff

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must promptly file a motion for leave to amend, accompanied by a proposed amended complaint

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identifying the additional defendant or defendants. Plaintiff is cautioned that undue delay in

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discovering defendants’ names and seeking leave to amend may result in the denial of leave to

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proceed against these defendants.

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Finally, plaintiff names the Sacramento County Jail in the caption of his

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complaint, but alleges no facts to support any claim against the Jail. To state a claim under 42

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U.S.C. § 1983, the plaintiff must allege an actual connection or link between the actions of the

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named defendants and the alleged deprivations. See Monell v. Dep’t of Social Servs., 436 U.S.

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658 (1978); Rizzo v. Goode, 423 U.S. 362 (1976). “A person ‘subjects’ another to the

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deprivation of a constitutional right, within the meaning of § 1983, if he does an affirmative act,

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participates in another's affirmative acts, or omits to perform an act which he is legally required

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to do that causes the deprivation of which complaint is made.” Johnson v. Duffy, 588 F.2d 740,
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743 (9th Cir. 1978). Vague and conclusory allegations concerning the involvement of official

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personnel in civil rights violations are not sufficient. See Ivey v. Board of Regents, 673 F.2d

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266, 268 (9th Cir. 1982). Rather, the plaintiff must set forth specific facts as to each individual

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defendant’s causal role in the alleged constitutional deprivation. See Leer v. Murphy, 844 F.2d

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628, 634 (9th Cir. 1988). If he has any actual claim against the jail, plaintiff will be required to

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set out fact sufficient to state a claim, if he has a claim, against the jail in any amended complaint

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he files. Otherwise, the jail will be dismissed from this action.

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III. CONCLUSION

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Because it is possible that the deficiencies identified in this order may be cured by

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amending the complaint, plaintiff is entitled to leave to amend. See Lopez v. Smith, 203 F.3d

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1122, 1126, 1131 (9th Cir. 2000) (en banc). Plaintiff is informed that, as a general rule, an

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amended complaint supersedes the original complaint. See Ferdik v. Bonzelet, 963 F.2d 1258,

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1262 (9th Cir. 1992). Therefore, if plaintiff amends the complaint, the court cannot refer to the

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prior pleading in order to make plaintiff's amended complaint complete. See Local Rule 220.

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An amended complaint must be complete in itself without reference to any prior pleading. See

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id.

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If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the

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conditions complained of have resulted in a deprivation of plaintiff’s constitutional rights. See

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Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). The complaint must allege in specific terms how

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each named defendant is involved, and must set forth some affirmative link or connection

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between each defendant’s actions and the claimed deprivation. See May v. Enomoto, 633 F.2d

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164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).

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Because the complaint appears to otherwise state cognizable claims, if no

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amended complaint is filed within the time allowed therefor, the court will dismiss the claims

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identified herein as defective, and issue such further orders as are necessary as to the cognizable

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claims.
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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion to compel (Doc. 5) is denied,

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Plaintiff may file an amended complaint within 30 days of the date of

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service of this order; and
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Plaintiff is required to identify his doe defendants, within a reasonable

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amount of time, in order to provide for proper serve, and notify the court upon the discovery of

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the doe defendants identity.

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DATED: September 29, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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