Johnson v. Head et al

Filing 38

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/23/15 ORDERING that this action proceeds on plaintiffs Eighth Amendment claims against Head, Loera, and Maloney.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARL B. JOHNSON,

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No. 2:14-cv-2172 GEB CKD P

Plaintiff,

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v.

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J. HEAD, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed

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pursuant to 42 U.S.C. § 1983. Before the court for screening is plaintiff’s first amended

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complaint (“FAC”). (ECF No. 31.) Defendants Head, Loera, and Maloney were served with the

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original complaint and have filed an answer. (ECF No. 33.)

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Plaintiff alleges that, in September 2012, he was administered a “psychotropic mental

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health medication,” Risperdal, that required him to drink a substantial amount of water to mitigate

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severe side effects in hot weather. (FAC at 4.) While on the medication, plaintiff was placed on

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a transport bus to a different prison. (Id.)

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After two hours, he began to experience severe headaches, dizziness, dryness of mouth,

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and blackouts, and began to hyperventilate. (Id. at 4-5.) During a rest stop where the correctional

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staff on the bus were getting bottled waters and soda for themselves, plaintiff and other prisoners

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on the bus informed them that plaintiff needed water. (Id. at 5.) Defendant Head refused to give
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plaintiff water. (Id.) The trip continued for another 2.5 hours, during which plaintiff’s symptoms

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continued, his heartbeat quickened and he became afraid he was going to die. (Id. at 5.) Plaintiff

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and the other inmates again asked for water, but defendants Loera and Head told them to be quiet.

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(Id.) Defendant Maloney, who was supervising the transport, “also ignored plaintiff’s cries for

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water and help.” (Id.)

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The bus stopped for a prison drop-off, and plaintiff asked to be let off the bus for water

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and medical treatment, but defendant Maloney denied this request. (Id. at 6.) Three and a half

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hours later, defendant Loera similarly told plaintiff he would have to wait for water until they

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arrived at Chino. (Id.) When the bus arrived at Chino, plaintiff pleaded with defendants to

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inform medical staff of his condition, but they refused. (Id.) The next day, plaintiff was loaded

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onto the transport bus with defendants, and was without water for another six and a half hours.

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(Id. at 7.) Based on these allegations, the amended complaint states an Eight Amendment claim

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for deliberate indifference to a prisoner’s safety against defendants Head, Loera, and Maloney.

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Plaintiff also names two high-ranking correctional officials as defendants. Supervisory

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personnel are generally not liable under §1983 for the actions of their employees under a theory

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of respondeat superior and, therefore, when a named defendant holds a supervisorial position, the

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causal link between him and the claimed constitutional violation must be specifically alleged.

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See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979). Plaintiff does not specifically allege that

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these defendants had any knowledge of, or any hand in causing, the events described above, and

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thus fails to state a claim against them. As they do not appear on the docket and have not been

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served, no further action is required.

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Accordingly, IT IS HEREBY ORDERED that this action proceeds on plaintiff’s Eighth

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Amendment claims against Head, Loera, and Maloney.

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Dated: February 23, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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