Garbett v. Anderson et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 6/10/2019 RECOMMENDING defendants' 16 motion to dismiss be granted. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, 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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KARRICK M. GARBETT,
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Plaintiff,
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v.
No. 2:18-CV-1793-KJM-DMC-P
FINDINGS AND RECOMMENDATIONS
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ARTHUR ANDERSON, et al.,
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Defendants.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 28
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U.S.C. § 1983. Pending before the court is Defendants’ motion to dismiss (ECF No. 16).
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Defendants argue Plaintiff failed to state an Eighth Amendment claim and if Plaintiff did state an
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Eighth Amendment claim, Defendants are entitled to absolute quasi-judicial immunity and
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qualified immunity. For the reasons set forth below, this Court finds Plaintiff has stated an
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Eighth Amendment claim and Defendants are not entitled to qualified immunity at this stage of
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litigation. However, this court further finds Defendants are entitled to quasi-judicial immunity
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and thus are immune from suite. For this reason, this Court recommends Defendants’ motion to
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dismiss be granted.
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I. BACKGROUND
A.
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Procedural History
Plaintiff filed his civil rights complaint on June 22, 2018, asserting violations of
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his Eighth Amendment right against cruel and unusual punishment. ECF No. 1. On July 12,
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2018, this Court screened the complaint and determined that sufficient facts existed for the
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complaint to pass screening and authorized service to Defendants Anderson and Andres. ECF
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No. 5. Defendants returned the waivers of service on October 2, 2018. ECF No. 15. Defendants
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filed their motion to dismiss on October 19, 2018. ECF No. 16. Plaintiff filed his opposition on
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January 8, 2019, and Defendants filed their reply on January 12, 2019. ECF Nos. 20, 21.
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B.
Plaintiff’s Claims
Plaintiff claims Defendants Anderson and Andres, the presiding commissioner and
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deputy commissioner for the Board of Parole Hearings, violated his Eighth Amendment right
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against cruel and unusual punishment during his parole hearing at the California Medical Facility
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on June 28, 2017. ECF No. 1 at 3-5. Plaintiff alleges that during the hearing, Defendant
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Anderson “threatened to kill [him],” stating “…but don’t think I won’t cut your head off when I
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need to, because I will.” Id. at 4. Plaintiff further alleges that Defendant Andres discriminated
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against his disability and violated his Eighth Amendment rights when he stated, “you weren’t
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imagining any Viet Cong, or Disney characters,” a statement Plaintiff characterizes as “very
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discriminating and hostile.” Id. Plaintiff also alleges that Defendant Anderson stated “. . . so I
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developed an impression of you about two minutes after you walked in the room . . .”
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demonstrating malice and proving these statements were a hate crime and a terrorist threat. Id.
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II. LEGAL STANDARDS FOR MOTION TO DISMISS
Rule 12(b)(6) of the Federal Rules of Civil Procedure provides
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for motions to dismiss for “failure to state a claim upon which relief can be granted.” “To survive
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a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state
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a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
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(citing Bell Atlantic Corp. v. Twombly, 550 U.S. 554, 570 (2007) ). “A claim has facial
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plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable
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inference that the defendant is liable for the misconduct alleged.” Id. The court must accept as
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true the allegations of the complaint. Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S. 738,
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740 (1976), and construe the pleading in the light most favorable to plaintiff. Jenkins v.
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McKeithen, 395 U.S. 411, 421 (1969). A pro se complaint must contain more than “naked
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assertion[s],” “labels and conclusions,” or “a formulaic recitation of the elements of a cause of
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action, supported by mere conclusory statements.” Iqbal, 556 U.S. at 678.
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A motion to dismiss for failure to state a claim should not be granted unless it
appears beyond doubt that the plaintiff can prove no set of facts in support of his claims which
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would entitle him to relief. Hishon v. King & Spalding, 467 U.S. 69, 73 (1984) (citing Conley v.
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Gibson, 355 U.S. 41, 45-46 (1957)). Pro se pleadings are held to a less stringent standard than
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those drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curium). The court
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must give a pro se litigant leave to amend his complaint “unless it determines that the pleading
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could not possibly be cured by the allegation of other facts.” Lopez v. Smith, 203 F.3d 1122,
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1127 (9th Cir. 2000) (quoting Doe v. United States, 58 F.3d 494, 497 (9th Cir. 1995)). However,
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the court's liberal interpretation of a pro se complaint may not supply essential elements of the
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claim that were not pled. Ivey v. Bd. of Regents of Univ. of Alaska, 673 F.2d 266, 268 (9th Cir.
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1982). In ruling on a motion to dismiss pursuant to Rule 12(b)(6), the court “may ‘generally
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consider only allegations contained in the pleadings, exhibits attached to the complaint, and
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matters properly subject to judicial notice.’” Outdoor Media Grp., Inc. v. City of Beaumont, 506
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F.3d 895, 899 (9th Cir. 2007) (citing Swartz v. KPMG LLP, 476 F.3d 756, 763 (9th Cir. 2007)).
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III. ANALYSIS
A.
Eighth Amendment Claim
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 when
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two requirements are met: (1) objectively, the official’s act or omission must be so serious such
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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.
Allegations of verbal harassment do not state a claim under the Eighth
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Amendment unless it is alleged that the harassment was “calculated to . . . cause [the prisoner]
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psychological damage.” Oltarzewski v. Ruggiero, 830 F.2d 136, 139 (9th Cir. 1987); see also
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Keenan v. Hall, 83 F.3d 1083, 1092 (9th Cir. 1996), amended by 135 F.3d 1318 (9th Cir. 1998).
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In addition, the prisoner must show that the verbal comments were unusually gross, even for a
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prison setting, and that he was in fact psychologically damaged as a result of the comments.
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See Keenan, 83 F.3d at 1092.
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Here, Plaintiff asserts Defendants’ comments violated his Eighth Amendment right
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to be free of cruel and unusual punishment because both Defendants were aware of Plaintiff’s
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PTSD, as a result of his military service in Vietnam, and nonetheless made comments with
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malicious intent. Plaintiff further asserts that these comments, both the threat about cutting his
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head off and the trivialization of his service in Vietnam through the comment about “Disney
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character” hallucinations, triggered his PTSD and caused him additional psychological harm.
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Defendants argue this is insufficient to state an Eighth Amendment claim because there are no
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allegations that Defendants acted with the intent to harm or that they ever attempted to follow
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through with the threat. Additionally, because, threats alone generally do not violate the Eighth
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Amendment, Defendants argue there can be no Eighth Amendment violation here. This Court
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finds Defendants’ arguments related to the Eighth Amendment violation unpersuasive.
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Taking Plaintiff’s allegations as true, Defendants threatened to cut his head off and
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trivialized his mental illness resulting from his service in Vietnam, all the while knowing that he
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suffered from PTSD. Plaintiff’s allegation that the statements were made “with malice” indicate
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that Defendants made them with the intent of causing harm. Reading the facts in the light most
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favorable to Plaintiff supports this contention. Based on the complaint, both the threat to cut
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plaintiff’s head off and the inquiry about Plaintiff seeing Vietcong or “Disney characters” seem
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intended to trigger a negative response from Plaintiff. Add in Defendants’ knowledge of
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Plaintiff’s PTSD and the comments could easily rise to the level of malicious. For that reason,
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Plaintiff has stated an Eighth Amendment claim against the Defendants.
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B.
Immunity
Defendants argue they are entitled to qualified immunity and absolute quasi-
judicial immunity.
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Qualified Immunity
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Government officials enjoy qualified immunity from civil damages unless their
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conduct violates clearly established statutory or constitutional rights. Jeffers v. Gomez, 267 F.3d
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895, 910 (9th Cir. 2001) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) ). When a court
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is presented with a qualified immunity defense, the central questions for the court are: (1) whether
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the facts alleged, taken in the light most favorable to the plaintiff, demonstrate that the
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defendant's conduct violated a statutory or constitutional right; and (2) whether the right at issue
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was “clearly established.” Saucier v. Katz, 533 U.S. 194, 201 (2001), receded from, Pearson v.
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Callahan, 555 U.S. 223 (2009) (the two factors set out in Saucier need not be considered in
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sequence). “Qualified immunity gives government officials breathing room to make reasonable
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but mistaken judgments about open legal questions.” Ashcroft v. al-Kidd, 563 U.S. 731, 743
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(2011). The existence of triable issues of fact as to whether prison officials were deliberately
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indifferent does not necessarily preclude qualified immunity. Estate of Ford v. Ramirez–Palmer,
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301 F.3d 1043, 1053 (9th Cir. 2002).
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“For the second step in the qualified immunity analysis—whether the
constitutional right was clearly established at the time of the conduct—the critical question is
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whether the contours of the right were ‘sufficiently clear’ that every ‘reasonable official would
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have understood that what he is doing violates that right.’” Mattos v. Agarano, 661 F.3d 433, 442
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(9th Cir. 2011) (quoting al-Kidd, 563 U.S. at 741) (some internal marks omitted). “The plaintiff
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bears the burden to show that the contours of the right were clearly established.” Clairmont v.
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Sound Mental Health, 632 F.3d 1091, 1109 (9th Cir. 2011). “[W]hether the law was clearly
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established must be undertaken in light of the specific context of the case, not as a broad general
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proposition.” Estate of Ford, 301 F.3d at 1050 (citation and internal marks omitted).
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In making this determination, courts consider the state of the law at the time of the alleged
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violation and the information possessed by the official to determine whether a reasonable official
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in a particular factual situation should have been on notice that his or her conduct was
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illegal. Inouye v. Kemna, 504 F.3d 705, 712 (9th Cir. 2007); see also Hope v. Pelzer, 536 U.S.
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730, 741 (2002) (the “salient question” to the qualified immunity analysis is whether the state of
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the law at the time gave “fair warning” to the officials that their conduct was unconstitutional).
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“[W]here there is no case directly on point, ‘existing precedent must have placed the statutory or
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constitutional question beyond debate.’ ” C.B. v. City of Sonora, 769 F.3d 1005, 1026 (9th Cir.
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2014) (citing al-Kidd, 563 U.S. at 740). An official's subjective beliefs are irrelevant. Inouye, 504
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F.3d at 712.
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With respect to the first prong, this Court concludes above Plaintiff has pleaded
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sufficient facts to allege Defendants violated his Eighth Amendment right against cruel and
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unusual punishment. Therefore, taken as true, the complaint establishes Defendants violated
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plaintiff’s constitutional rights. Turning now to the second prong—whether the right was clearly
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established. Resolution of this question, specifically whether a reasonable official in this factual
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situation should have been on notice that their conduct was illegal, turns on facts which remain to
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be developed and thus, at this juncture, it would be premature for this Court to grant qualified
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immunity.
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Quasi-Judicial Immunity
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Because “. . . parole board officials perform functionally comparable to tasks to
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judges when they decide to grant, deny, or revoke parole,” parole board officials are entitled to
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absolute immunity from suits by prisoners for actions taken when processing parole applications.
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See Sellars v. Procunier, 641 F.2d 1295, 1302-03 (9th Cir. 1981); see also Bermudez v. Duenas,
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936 F.2d 1064, 1066 (9th Cir. 1991) (per curiam).
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Defendants argue because these statements were made during a hearing, when
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processing Plaintiff’s parole application, they are entitled to absolute quasi-judicial immunity.
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This Court agrees. It is uncontested that the statements made by Defendants were made during a
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parole hearing where Defendants were deciding whether to grant, or ultimately here, deny
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Plaintiff’s parole application. Though this Court determined above that these statements establish
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an Eighth Amendment violation, because they were made by Defendants, who are members of
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the parole board, during the parole hearing, quasi-judicial immunity applies. As such, though
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Defendant’s potentially offended Plaintiff’s constitutional rights by making these statements,
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Defendants are shielded from liability under the doctrine of quasi-judicial immunity because
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Defendants were officials performing functionally comparable tasks to judges.
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IV. CONCLUSION
Based on the foregoing, the undersigned recommends that Defendants’ motion
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(ECF No. 16) to dismiss be GRANTED.
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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 objections
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with the court. Responses to objections shall be filed within 14 days after service of objections.
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Failure to file objections within the specified time may waive the right to appeal. See Martinez v.
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Ylst,951 F.2d 1153 (9th Cir. 1991).
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Dated: June 10, 2019
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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