Wilson v. California Medical Facility et al
Filing
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ORDER signed by Magistrate Judge Dennis M. Cota on 11/15/18 ORDERING plaintiffs complaint is dismissed with leave to amend; and plaintiff shall file a first amended complaint within 30 days of the date of service of this order. (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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DAVID W. WILSON,
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No. 2:16-CV-1547-MCE-DMC-P
Plaintiff,
v.
ORDER
CALIFORNIA MEDICAL FACILITY, et
al.,
Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
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42 U.S.C. § 1983. Pending before the court is Plaintiff’s complaint (Doc. 1). Plaintiff alleges
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defendants violated his Eighth Amendment rights and rights under the Americans with
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Disabilities Act (ADA) by intentionally maintaining “freezing cold conditions” in the prison, and
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violated his First Amendment rights by retaliating against him for filing complaints.
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I. SCREENING REQUIREMENT AND STANDARD
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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).
The Federal Rules of Civil Procedure require complaints contain a “…short and
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plain statement of the claim showing that the pleader is entitled to relief.” See McHenry v.
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Renne, 84 F.3d 1172, 1177 (9th Cir. 1996) (quoting Fed. R. Civ. P. 8(a)(1)). Detailed factual
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allegations 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. 662, 678
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(2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). While a plaintiff’s
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allegations are taken as true, courts “are not required to indulge unwarranted inferences.” Doe I v.
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Wal–Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation
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omitted).
Prisoners proceeding pro se in civil rights actions are entitled to have their
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pleadings liberally construed and are afforded the benefit of any doubt. Hebbe v. Pliler, 627 F.3d
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338, 342 (9th Cir. 2010) (citations omitted). To survive screening, Plaintiff’s claims must be
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facially plausible, which requires sufficient factual detail to allow the Court to reasonably infer
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that each named defendant is liable for the misconduct alleged, Iqbal, 556 U.S. at 678 (quotation
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marks omitted); Moss v. United States Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The
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sheer possibility that a defendant acted unlawfully is not sufficient, and mere consistency with
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liability falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678 (quotation marks
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omitted); Moss, 572F.3d at 969.
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II. PLAINTIFF’S ALLEGATIONS
Plaintiff’s robust and meandering complaint seems to allege three primary
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violations of his protected rights. First, Plaintiff alleges Defendants M.C. Smith, Jacob Smith,
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Stephensen, Clinton D. Thomas, Richard Godfrey, and W. Harris, violated his Eighth
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Amendment rights by maintaining freezing cold temperatures, rejecting Plaintiff’s requests for
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jackets and hats, and thus subjecting Plaintiff to cruel and unusual conditions of confinement.
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Second, Plaintiff alleges the same defendants violated his rights under Title II of the ADA
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because the freezing cold temperatures of the prison prevent him from engaging in the services,
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programs, and activities within the prison, secluding him to his cell in order to avoid the cold.
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Third, Plaintiff alleges Defendants W. Harris, N. Strickland, Larry LaSane, S. Jensen, Brown,
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Robert W. Fox, Artis, and M. Vong, violated his First Amendment rights by retaliating against
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him for filing complaints by denying his complaints, preventing him from filing continued
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appeals, planting contraband in his cell, and engaging in subsequent punitive action. The
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complaint alleges that each of the above listed defendants are state employees at the prison acting
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in their official capacities, and thus are acting under the color of state law. See West v. Atkins,
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487 U.S. 42, 49 (1988); Anderson v. Warner, 451 F.3d 1063, 1068 (9th Cir. 2006).
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III. ANALYSIS
A.
Eighth Amendment Claim
Plaintiff alleges that Defendants M.C. Smith, Jacob Smith, Stephensen, Clinton D.
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Thomas, Richard Godfrey, and W. Harris, violated his eighth amendment rights. “It is undisputed
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that the treatment a prisoner receives in prison and the conditions under which [the prisoner] is
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confined are subject to scrutiny under the Eighth Amendment.” Helling v. McKinney, 509 U.S.
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25, 31 (1993); see also Farmer v. Brennan, 511 U.S. 825, 832 (1994). Conditions of confinement
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may, consistent with the Constitution, be restrictive and harsh. See Rhodes v. Chapman, 452 U.S.
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337, 347 (1981); Morgan v. Morgensen, 465 F.3d 1041, 1045 (9th Cir. 2006). Prison officials
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must, however, provide prisoners with “food, clothing, shelter, sanitation, medical care, and
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personal safety.” Toussaint v. McCarthy, 801 F.2d 1080, 1107 (9th Cir. 1986), abrogated in part
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on other grounds by Sandin v. Connor, 515 U.S. 472 (1995); see also Johnson v. Lewis, 217 F.3d
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726, 731 (9th Cir. 2000); Wright v. Rushen, 642 F.2d 1129, 1132-33 (9th Cir. 1981).
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When determining whether the conditions of confinement meet the objective
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prong of the Eighth Amendment analysis, the court must analyze each condition separately to
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determine whether that specific condition violates the Eighth Amendment. See Toussaint, 801
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F.2d at 1107; Wright, 642 F.2d at 1133. “Some conditions of confinement may establish an
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Eighth Amendment violation ‘in combination’ when each would not do so alone, but only when
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they have a mutually enforcing effect that produces the deprivation of a single, identifiable human
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need such as food, warmth, or exercise – for example, a low cell temperature at night combined
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with a failure to issue blankets.” Wilson v. Seiter, 501 U.S. 294, 304 (1991); see also Thomas v.
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Ponder, 611 F.3d 1144, 1151 (9th Cir. 2010); Osolinski, 92 F.3d at 938-39; Toussaint, 801 F.2d at
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1107; Wright, 642 F.2d at 1133. When considering the conditions of confinement, the court
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should also consider the amount of time to which the prisoner was subjected to the condition. See
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Hutto v. Finney, 437 U.S. 678, 686-87 (1978); Hearns v. Terhune, 413 F.3d 1036, 1042 (9th Cir.
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2005).
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As to the subjective prong of the Eighth Amendment analysis, prisoners must
establish prison officials’ “deliberate indifference” to unconstitutional conditions of confinement
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to establish an Eighth Amendment violation. See Farmer, 511 U.S. at 834; Wilson, 501 U.S. at
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303. In Peralta, the en banc court explained that while “[t]he Supreme Court has not said
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whether juries and judges may consider a lack of resources as a defense in section 1983
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actions[,]” it has instructed that prison officials are not deliberately indifferent unless they act
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wantonly, which is dependent upon the constraints facing the officials. Peralta, 744 F.3d at 1082.
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The Peralta court held that it is appropriate to consider the constraints, including lack of
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resources, under which an individual doctor who lacks authority over budgeting decisions is
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operating when determining whether such an official is liable for money damages in a section
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1983 action. See Peralta, 744 F.3d at 1082-84.
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“The Eighth Amendment guarantees adequate heating.” Keenan v. Hall, 83 F.3d
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1083, 1091 (9th Cir. 1996) (citing Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980)),
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amended by 135 F.3d 1318 (9th Cir. 1998); see also Graves v. Arpaio, 623 F.3d 1043, 1049 (9th
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Cir. 2010) (per curiam) (noting the Eighth Amendment requires adequate heating, but not
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necessarily a “comfortable” temperature).
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Plaintiff alleges that Defendants M.C. Smith, Jacob Smith, Stephensen, Clinton D.
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Thomas, Richard Godfrey, and W. Harris, violated his eighth amendment rights by maintaining
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freezing cold temperatures in the prison and refusing to allow him to wear jackets and hats.
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Though Plaintiff’s complaint is inartful and at times difficult to interpret, he does provide specific
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dates related to his claim, specifies the individuals involved and how they allegedly contributed to
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the violation, and plead physical and psychological harm resulting from the alleged low
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temperatures. The facts contained in the complaint, if proved true, could establish deliberate
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indifference on the part of the named defendants. See Farmer, 511 U.S. at 834. For that reason,
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applying the liberal construction standard to Plaintiff’s complaint, this Court concludes that
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Plaintiff has plead sufficient facts proceed past the screening stage on this claim.
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B.
ADA Claim
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Plaintiff seeks to bring a claim under Title II of the Americans with Disabilities
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Act (ADA), 42 U.S.C. § 12132. Title II of the ADA “prohibit[s] discrimination on the basis of
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disability.” Lovell v. Chandler, 303 F.3d 1039, 1052 (9th Cir. 2002). “To establish a violation of
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Title II of the ADA, a plaintiff must show that (1) [he] is a qualified individual with a disability;
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(2) [he] was excluded from participation in or otherwise discriminated against with regard to a
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public entity’s services, programs, or activities; and (3) such exclusion or discrimination was by
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reason of [his] disability.” Id.
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However, Plaintiff may proceed against individual defendants in their official
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capacities, but only if Plaintiff shows discriminatory intent. See Ferguson v. City of Phoenix, 157
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F.3d 668, 674 (9th Cir. 1998). To show discriminatory intent, a plaintiff must establish deliberate
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indifference by the public entity. Duvall v. County of Kitsap, 260 F.3d 1124, 1138 (9th Cir.
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2001). Deliberate indifference requires: (1) knowledge that a harm to a federally protected right
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is substantially likely, and (2) a failure to act upon that likelihood. Id. at 1139. The first prong is
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satisfied when the plaintiff identifies a specific, reasonable and necessary accommodation that the
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entity has failed to provide, and the plaintiff notifies the public entity of the need for
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accommodation or the need is obvious or required by statute or regulation. Id. The second prong
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is satisfied by showing that the entity deliberately failed to fulfill its duty to act in response to a
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request for accommodation. Id. at 1139-40.
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Plaintiff claims that in maintaining a freezing cold temperature at the prison
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Defendants M.C. Smith, Jacob Smith, Stephensen, Clinton D. Thomas, Richard Godfrey, and W.
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Harris, prevented him from engaging in the programs and activities of the prison, violating his
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rights under the ADA. Plaintiff contends that he is a qualified individual under the ADA.
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Plaintiff also contends the freezing cold temperatures have relegated him to his cell and thus
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deprived him of services, programs, and activities otherwise available to him at the prison.
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However, Plaintiff does not, as required by law, plead sufficient facts that the reason he was
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excluded was due to his disability. See Lovell, 303 F.3d at 1052. The facts in the complaint
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simply indicate that the prison was kept at a low temperature and that low temperature prevented
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Plaintiff from leaving his cell on occasion. There is no indication that the freezing temperatures
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contributed to his disability or that they created a disability. For that reason, this claim cannot
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proceed.
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The complaint does, however, allege sufficient facts related to discriminatory
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intent on the part of the above-mentioned defendants. See Ferguson, 157 F.3d at 674. Plaintiff
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identifies an accommodation — jackets, hats, space heaters — and a deliberate failure of the
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defendants to fulfill their duty to accommodate by rejecting Plaintiffs requests for such
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accommodations.
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Plaintiff will be provided an opportunity to amend.
C.
First Amendment Claim
In order to state a claim under 42 U.S.C. § 1983 for retaliation, the prisoner must
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establish that he was retaliated against for exercising a constitutional right, and that the retaliatory
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action was not related to a legitimate penological purpose, such as preserving institutional
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security. See Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir. 1994) (per curiam). In meeting
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this standard, the prisoner must demonstrate a specific link between the alleged retaliation and the
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exercise of a constitutional right. See Pratt v. Rowland, 65 F.3d 802, 807 (9th Cir. 1995);
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Valandingham v. Bojorquez, 866 F.2d 1135, 1138-39 (9th Cir. 1989). The prisoner must also
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show that the exercise of First Amendment rights was chilled, though not necessarily silenced, by
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the alleged retaliatory conduct. See Resnick v. Hayes, 213 F.3d 443, 449 (9th Cir. 2000), see also
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Rhodes v. Robinson, 408 F.3d 559, 569 (9th Cir. 2005). Thus, the prisoner plaintiff must
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establish the following in order to state a claim for retaliation: (1) prison officials took adverse
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action against the inmate; (2) the adverse action was taken because the inmate engaged in
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protected conduct; (3) the adverse action chilled the inmate’s First Amendment rights; and (4) the
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adverse action did not serve a legitimate penological purpose. See Rhodes, 408 F.3d at 568.
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Plaintiff alleges Defendants W. Harris, N. Strickland, Larry LaSane, S. Jensen,
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Brown, Robert W. Fox, Artis, and M. Vong, violated his first amendment rights by retaliating
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against him for filing complaints by denying his complaints, preventing him from filing continued
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appeals, planting contraband in his cell, and engaging in subsequent punitive action. Plaintiff
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argues that his claims were denied and at some point, his appeals were deemed exhausted in
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retaliation for his initial complaints regarding the temperature of the prison. There are
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insufficient facts in the complaint to establish that this was adverse action, rather than normal
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process. Additionally, there are insufficient facts to establish that if it was adverse action, it was
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taken because of his initial complaints, rather than simply normal process. Relating to the
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planting of contraband in Plaintiff’s cell, it is unclear who is alleged to have planted the evidence
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and for that reason this Court cannot determine the identity of any potential state actor. The
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subsequent punitive actions taken against Plaintiff resulting from the alleged planted contraband
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necessarily fail as well. For these reasons this claim must be dismissed. Plaintiff will, however,
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be provided an opportunity to amend.
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IV. AMENDING THE COMPLAINT
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. An
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amended complaint must be complete in itself without reference to any prior pleading. See 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). Plaintiff is
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cautioned that failure to file an amended complaint within the time provided may result in
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dismissal of the entire action. See Local Rule 110.
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V. CONCLUSION
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Accordingly, IT IS HEREBY ORDERED that:
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Plaintiff’s complaint is dismissed with leave to amend; and
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2.
Plaintiff shall file a first amended complaint within 30 days of the date of
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service of this order.
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Dated: November 15, 2018
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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