(PC) Fontaine v. Shasta County Sheriff et al

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/7/2022 GRANTING plaintiff's 2 motion to proceed ifp and DISMISSING plaintiff's complaint with leave to file an amended complaint within 30 days. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent order. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SETH ANTHONY FONTAINE,

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No. 2:21-cv-01688-CKD P

Plaintiff,
v.

ORDER

SHASTA COUNTY SHERIFF, et al.,

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Defendants.

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Plaintiff is a county inmate proceeding pro se in this civil rights action filed pursuant to 42

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U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1).

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Plaintiff requests leave to proceed in forma pauperis. As plaintiff has submitted a

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declaration that makes the showing required by 28 U.S.C. § 1915(a), his request will be granted.

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Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§

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1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the

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initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court.

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Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding

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month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by

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the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account

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exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
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I.

Screening Standard

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

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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

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A claim is legally frivolous when it lacks an arguable basis either in law or in fact.

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Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th

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Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an

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indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke,

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490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully

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pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th

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Cir. 1989); Franklin, 745 F.2d at 1227.

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In order to avoid dismissal for failure to state a claim a complaint must contain more than

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“naked assertions,” “labels and conclusions” or “a formulaic recitation of the elements of a cause

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of action.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-557 (2007). In other words,

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“[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory

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statements do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Furthermore, a claim

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upon which the court can grant relief has facial plausibility. Twombly, 550 U.S. at 570. “A

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claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw

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the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S.

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at 678. When considering whether a complaint states a claim upon which relief can be granted,

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the court must accept the allegations as true, Erickson v. Pardus, 551 U.S. 89, 93-94 (2007), and

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construe the complaint in the light most favorable to the plaintiff, see Scheuer v. Rhodes, 416

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U.S. 232, 236 (1974).

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II.

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At all times relevant to the allegations in the complaint, plaintiff was a convicted inmate

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Allegations in the Complaint

serving a 364 day sentence in the Shasta County Jail. Plaintiff alleges that on August 5, 2021, he
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was moved to administrative segregation which smelled like a sewer plant due to the actions of

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mentally ill inmates who spread their excrement by “gassing” correctional staff or other inmates.

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ECF No. 1 at 3. As a result of these conditions, plaintiff “suffered [a] sickness,” but provides no

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further details about his illness or how it resulted from the poor sanitation. ECF No. 1 at 3.

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Plaintiff also contends that these mentally ill inmates bang on their doors and scream at all hours

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of the day and night. Id. Plaintiff names four defendants in this action who are alleged to have

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the authority to change plaintiff’s housing designation or to create a clean and safe environment

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in administrative segregation, yet fail to do so. By way of relief, plaintiff seeks compensatory

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damages. ECF No. 1 at 5.

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III.

Legal Standards

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A. Linkage Requirement

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The civil rights statute requires that there be an actual connection or link between the

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actions of the defendants and the deprivation alleged to have been suffered by plaintiff. See

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Monell v. Department of Social Services, 436 U.S. 658 (1978); Rizzo v. Goode, 423 U.S. 362

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(1976). The Ninth Circuit has held that “[a] person ‘subjects' another to the deprivation of a

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constitutional right, within the meaning of section 1983, if he does an affirmative act, participates

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

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causes the deprivation of which complaint is made.” Johnson v. Duffy, 588 F.2d 740, 743 (9th

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Cir. 1978) (citation omitted). In order to state a claim for relief under section 1983, plaintiff must

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link each named defendant with some affirmative act or omission that demonstrates a violation of

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plaintiff's federal rights.

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B. Supervisory Liability

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Government officials may not be held liable for the unconstitutional conduct of their

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subordinates under a theory of respondeat superior. Ashcroft v. Iqbal, 556 U.S. 662, 677 (2009)

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(“In a § 1983 suit ... the term “supervisory liability” is a misnomer. Absent vicarious liability,

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each Government official, his or her title notwithstanding is only liable for his or her own

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misconduct.”). When the named defendant holds a supervisory position, the causal link between

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the defendant and the claimed constitutional violation must be specifically alleged; that is, a
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plaintiff must allege some facts indicating that the defendant either personally participated in or

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directed the alleged deprivation of constitutional rights or knew of the violations and failed to act

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to prevent them. See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979); Taylor v. List, 880 F.2d

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1040, 1045 (9th Cir. 1989); Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir. 1978).

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C. Conditions of Confinement

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In order for a prison official to be held liable for alleged unconstitutional conditions of

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confinement, the prisoner must allege facts that satisfy a two-prong test. Peralta v. Dillard, 744

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F.3d 1076, 1082 (9th Cir. 2014) (citing Farmer, 511 U.S. at 837). The first prong is an objective

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prong, which requires that the deprivation be “sufficiently serious.” Lemire v. Cal. Dep’t of Corr.

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& Rehab., 726 F.3d 1062, 1074 (9th Cir. 2013) (citing Farmer, 511 U.S. at 834). In order to be

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sufficiently serious, the prison official’s “act or omission must result in the denial of the ‘minimal

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civilized measure of life’s necessities.” Lemire, 726 F.3d at 1074. The objective prong is not

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satisfied in cases where prison officials provide prisoners with “adequate shelter, food, clothing,

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sanitation, medical care, and personal safety.” Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir.

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2000) (quoting Hoptowit v. Ray, 682 F.2d 1237, 1246 (9th Cir. 1982)). “[R]outine discomfort

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inherent in the prison setting” does not rise to the level of a constitutional violation. Johnson v.

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Lewis, 217 F.3d at 732 (“[m]ore modest deprivations can also form the objective basis of a

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violation, but only if such deprivations are lengthy or ongoing”). Rather, extreme deprivations

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are required to make out a conditions of confinement claim, and only those deprivations denying

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the minimal civilized measure of life’s necessities are sufficiently grave to form the basis of an

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Eighth Amendment violation. Farmer, 511 U.S. at 834; Hudson v. McMillian, 503 U.S. 1, 9

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(1992). The circumstances, nature, and duration of the deprivations are critical in determining

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whether the conditions complained of are grave enough to form the basis of a viable Eighth

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Amendment claim. Johnson v. Lewis, 217 F.3d at 731.

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The second prong focuses on the subjective intent of the prison official. Peralta, 774 F.3d

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at 1082 (9th Cir. 2014) (citing Farmer, 511 U.S. at 837). The deliberate indifference standard

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requires a showing that the prison official acted or failed to act despite the prison official’s

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knowledge of a substantial risk of serious harm to the prisoner. Id. (citing Farmer, 511 U.S. at
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842); see also Redman v. Cnty. of San Diego, 942 F.2d 1435, 1439 (9th Cir. 1991). Mere

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negligence on the part of the prison official is not sufficient to establish liability. Farmer, 511

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U.S. at 835.

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IV.

Analysis

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The court has reviewed plaintiff’s complaint and finds that it fails to state a claim upon

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which relief can be granted under federal law. The allegations in the complaint are sparse and do

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not describe the conditions in plaintiff’s particular cell. Plaintiff’s complaint addresses conditions

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that plaintiff witnessed in administrative segregation, but it does not allege that he was ever

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gassed by a mentally ill inmate or that he was housed in a cell with a mentally ill inmate. Absent

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such information, the court is unable to determine whether plaintiff’s conditions of confinement

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are grave enough to form the basis of an Eighth Amendment claim. See Johnson v. Lewis, 217

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F.3d at 731. For all these reasons, plaintiff’s complaint must be dismissed. The court will,

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however, grant plaintiff leave to file an amended complaint.

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

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

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Cassidy, 625 F.2d 227 (9th Cir. 1980). Also, in his amended complaint, plaintiff must allege in

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specific terms how each named defendant is involved. There can be no liability under 42 U.S.C.

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§ 1983 unless there is some affirmative link or connection between a defendant’s actions and the

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claimed deprivation. Rizzo v. Goode, 423 U.S. 362 (1976). Furthermore, vague and conclusory

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allegations of official participation in civil rights violations are not sufficient. Ivey v. Board of

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Regents, 673 F.2d 266, 268 (9th Cir. 1982).

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Finally, plaintiff is informed that the court cannot refer to a prior pleading in order to

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make plaintiff’s amended complaint complete. Local Rule 220 requires that an amended

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complaint be complete in itself without reference to any prior pleading. This is because, as a

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general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375

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F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no

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longer serves any function in the case. Therefore, in an amended complaint, as in an original

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complaint, each claim and the involvement of each defendant must be sufficiently alleged.
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V.

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The following information is meant to explain this order in plain English and is not

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Plain Language Summary for Pro Se Party

intended as legal advice.
The court has reviewed the allegations in your complaint and determined that they do not

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state any claim against the defendants. Your complaint is being dismissed, but you are being

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given the chance to fix the problems identified in this screening order.

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Although you are not required to do so, you may file an amended complaint within 30

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days from the date of this order. If you choose to file an amended complaint, pay particular

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attention to the legal standards identified in this order which may apply to your claims.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 2) is granted.

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2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees

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shall be collected and paid in accordance with this court’s order to the Sheriff of Shasta County

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filed concurrently herewith.

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3. Plaintiff’s complaint is dismissed.

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4. Plaintiff is granted thirty days from the date of service of this order to file an amended

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complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil

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Procedure, and the Local Rules of Practice. The amended complaint must bear the docket

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number assigned this case and must be labeled “Amended Complaint.” Failure to file an

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amended complaint in accordance with this order will result in a recommendation that this action

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be dismissed.

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Dated: January 7, 2022
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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