(PC) Merriman v. Harris et al

Filing 10

ORDER signed by Magistrate Judge Dennis M. Cota on 10/04/19 ORDERING plaintiff may 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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DOMINIQUE MERRIMAN,

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No. 2:19-CV-1444-KJM-DMC-P

Plaintiff,

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v.

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HARRIS, et al.,

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ORDER

Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
42 U.S.C. § 1983. Pending before the court is plaintiff’s complaint (ECF No. 1).
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). This

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means that claims must be stated simply, concisely, and directly. See McHenry v. Renne, 84 F.3d

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1172, 1177 (9th Cir. 1996) (referring to Fed. R. Civ. P. 8(e)(1)). These rules are satisfied if the

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complaint gives the defendant fair notice of the plaintiff’s claim and the grounds upon which it
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rests. See Kimes v. Stone, 84 F.3d 1121, 1129 (9th Cir. 1996). Because plaintiff must allege

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

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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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Plaintiff Dominique Merriman names the following as Defendants: Harris, J.
Ponder, James Telander, and S. Gates

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Plaintiff is a prisoner at Mule Creek State Prison located in Ione, California. On

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January 23rd, 2019, Plaintiff expressed feelings of anxiety and thoughts of self-harm and suicide

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to the prison psychologist, Harris. Harris was allegedly aware that Plaintiff had a history of prior

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suicidal behavior. Regardless, Harris did not place Plaintiff under suicide observation and cleared

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Plaintiff to be housed in his regularly assigned unit. Plaintiff subsequently cut at his own body

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with a sharp object, causing bleeding, pain, and permanent scarring. Plaintiff also claims to have

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suffered emotional distress as a result of the above-mentioned incidents.
Harris’s supervisors J. Ponder, James Telander, and S. Gates were allegedly aware

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of Plaintiff’s history of prior suicidal behavior and of Harris’s decision to forgo placing Plaintiff

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under suicide observation. According to Plaintiff, they made no supervisory changes to Harris’s

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decision.

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II. DISCUSSION
The Court finds service as to Defendant Harris appropriate. The Complaint

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adequately states facts to allege an 8th Amendment claim against Defendant Harris, based on

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allegations of a direct failure to act in his capacity as the prison’s psychiatrist.

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The Court, however, finds allegations against Defendants J. Ponder, James

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Telander, and S. Gates (Supervisors) insufficient for lack of facts linking their conduct to a

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violation of Plaintiff’s rights.
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Supervisory personnel are generally not liable under § 1983 for the actions of their

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employees. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (holding that there is no

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respondeat superior liability under § 1983). A supervisor is only liable for the constitutional

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violations of subordinates if the supervisor participated in or directed the violations. See id. The

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Supreme Court has rejected the notion that a supervisory defendant can be liable based on

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knowledge and acquiescence in a subordinate’s unconstitutional conduct because government

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officials, regardless of their title, can only be held liable under § 1983 for his or her own conduct

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and not the conduct of others. See Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009). Supervisory

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personnel who implement a policy so deficient that the policy itself is a repudiation of

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constitutional rights and the moving force behind a constitutional violation may, however, be

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liable even where such personnel do not overtly participate in the offensive act. See Redman v.

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Cnty of San Diego, 942 F.2d 1435, 1446 (9th Cir. 1991) (en banc).

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When a defendant holds a supervisory position, the causal link between such

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defendant and the claimed constitutional violation must be specifically alleged. See Fayle v.

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Stapley, 607 F.2d 858, 862 (9th Cir. 1979); Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir.

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1978). Vague and conclusory allegations concerning the involvement of supervisory personnel in

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civil rights violations are not sufficient. See Ivey v. Board of Regents, 673 F.2d 266, 268 (9th

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Cir. 1982). “[A] plaintiff must plead that each Government-official defendant, through the

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official’s own individual actions, has violated the constitution.” Iqbal, 662 U.S. at 676.

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Plaintiff appears to allege liability on the part of the Supervisors based purely on

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their knowledge and acquiescence to Harris’s conduct. This alone is insufficient. Plaintiff must

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allege a specific causal connection between the Supervisors’ conduct and a constitutional

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violation. A generalized statement of the Supervisors’ prior knowledge of the Plaintiff’s suicidal

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tendencies, alone, does not plausibly establish this causal connection.

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III. CONCLUSION
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).

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

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complaint is filed within the time allowed therefor, the court will issue findings and

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recommendations that the claims identified herein as defective be dismissed, as well as such

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further orders as are necessary for service of process as to the cognizable claims.

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Accordingly, IT IS HEREBY ORDERED that plaintiff may file a first amended
complaint within 30 days of the date of service of this order.

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Dated: October 4, 2019
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DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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