(PC) Singh v. Sacramento County Sheriff et al

Filing 13

ORDER signed by Magistrate Judge Kendall J. Newman on 5/18/2023 GRANTING plaintiff's 8 , 10 request to proceed ifp and DISMISSING plaintiff's complaint with leave to amend. Plaintiff shall pay the $350.00 filing fee in accordance with the concurrent order. Within 30 days, plaintiff shall complete the attached Notice of Amendment and return with the required documents. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GURPREET SINGH,

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No. 2:23-cv-0237 KJN P

Plaintiff,
v.

ORDER

SACRAMENTO COUNTY SHERIFF, et
al.,
Defendants.
Plaintiff is a jail inmate, proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C.

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§ 1983, and requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This

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proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

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Plaintiff submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a).
Accordingly, the request to proceed in forma pauperis is granted.
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 this order, plaintiff is assessed an initial partial filing fee in

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accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct

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the appropriate agency to collect the initial partial filing fee from plaintiff’s trust account and

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forward it to the Clerk of the Court. Thereafter, plaintiff is obligated to make monthly payments

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of twenty percent of the preceding month’s income credited to plaintiff’s trust account. These

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payments will be forwarded by the appropriate agency to the Clerk of the Court each time the
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amount in plaintiff’s account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C.

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§ 1915(b)(2).

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As discussed below, plaintiff’s complaint is dismissed with leave to amend.
Screening Standards

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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 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 when 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), superseded by statute as stated in Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir.

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2000) (“[A] judge may dismiss [in forma pauperis] claims which are based on indisputably

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meritless legal theories or whose factual contentions are clearly baseless.”); Franklin, 745 F.2d at

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1227.

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Rule 8(a)(2) of the Federal Rules of Civil Procedure “requires only ‘a short and plain

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statement of the claim showing that the pleader is entitled to relief,’ in order to ‘give the

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defendant fair notice of what the . . . claim is and the grounds upon which it rests.’” Bell Atlantic

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Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)).

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In order to survive dismissal for failure to state a claim, a complaint must contain more than “a

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formulaic recitation of the elements of a cause of action;” it must contain factual allegations

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sufficient “to raise a right to relief above the speculative level.” Bell Atlantic, 550 U.S. at 555.

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However, “[s]pecific facts are not necessary; the statement [of facts] need only ‘give the

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defendant fair notice of what the . . . claim is and the grounds upon which it rests.’” Erickson v.
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Pardus, 551 U.S. 89, 93 (2007) (quoting Bell Atlantic, 550 U.S. at 555, citations and internal

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quotations marks omitted). In reviewing a complaint under this standard, the court must accept as

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true the allegations of the complaint in question, Erickson, 551 U.S. at 93, and construe the

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pleading in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236

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(1974), overruled on other grounds, Davis v. Scherer, 468 U.S. 183 (1984).

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The Civil Rights Act

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To prevail on a claim under § 1983, a plaintiff must demonstrate: (1) the violation of a

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federal constitutional or statutory right; and (2) that the violation was committed by a person

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acting under the color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988); Jones v.

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Williams, 297 F.3d 930, 934 (9th Cir. 2002). An individual defendant is not liable on a civil

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rights claim unless the facts establish the defendant’s personal involvement in the constitutional

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deprivation or a causal connection between the defendant’s wrongful conduct and the alleged

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constitutional deprivation. See Hansen v. Black, 885 F.2d 642, 646 (9th Cir. 1989); Johnson v.

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Duffy, 588 F.2d 740, 743-44 (9th Cir. 1978). That is, plaintiff may not sue any official on the

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theory that the official is liable for the unconstitutional conduct of his or her subordinates.

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Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). The requisite causal connection between a

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supervisor’s wrongful conduct and the violation of the prisoner’s constitutional rights can be

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established in a number of ways, including by demonstrating that a supervisor’s own culpable

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action or inaction in the training, supervision, or control of his subordinates was a cause of

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plaintiff’s injury. Starr v. Baca, 652 F.3d 1202, 1208 (9th Cir. 2011).

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Plaintiff’s Complaint

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Plaintiff alleges that on July 7, 2002, for escort to an outside hospital, defendant Deputy

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Mehmood placed plaintiff in handcuffs behind his back. At the hospital, plaintiff complained that

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the handcuffs caused him shoulder pain, then became numb. Despite many complaints over

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many hours, plaintiff received no help or resolution to the excessive handcuffing. “Due to the

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negligence and the violation of the color of code by the deputy,” plaintiff has major complications

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with his left arm and permanent damages. (ECF No. 1 at 3.) Then he adds: “Also medical

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negligence.” (Id.) Plaintiff seeks money damages. As defendants, plaintiff names in the caption
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of his complaint: “Sacramento County Sheriff Rio Cosumnes Correctional Center,” but in the

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defendants’ section of the complaint, plaintiff names Deputy Sheriff Mehmood (Badge #675) and

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“Saucedo (Badge #569).” (ECF No. 1 at 2.)

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Discussion

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As currently pled, plaintiff’s complaint fails to state a cognizable civil rights violation.

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First, plaintiff does not identify whether he has been arraigned and is awaiting trial as a pretrial

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detainee or is serving a sentence following a conviction. Such information determines the

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standards the court uses to evaluate plaintiff’s claims. Second, plaintiff does not connect or link

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each named defendant with an alleged civil rights violation. Third, plaintiff fails to provide

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sufficient facts to determine whether plaintiff may be able to state a cognizable claim. For

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example, because plaintiff named two deputies as defendants, he should identify by name the

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person who acted or failed to act and set forth specific facts as to what each defendant did or did

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not do. Generally, “[i]n those tight handcuffing cases in which courts have found excessive force,

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the arrestee was either in visible pain, complained of pain, alerted the officer to pre-existing

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injuries, sustained more severe injuries, was in handcuffs for a longer period of time, asked to

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have the handcuffs loosened or released, and/or alleged other forms of abusive conduct in

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conjunction with the tight handcuffing.” See Shaw v. City of Redondo Beach, 2005 WL

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6117549, at *8 (C.D. Cal. 2005).

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Fourth, plaintiff includes no charging allegations as to defendant Saucedo, the Sacramento

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County Sheriff, or the Rio Cosumnes Correctional Center. If plaintiff cannot allege specific facts

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as to how a particular defendant allegedly violated plaintiff’s rights, plaintiff should not include

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such defendant in the amended complaint.

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Finally, plaintiff provided no facts to support his statement “also medical negligence.”

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For all of these reasons, plaintiff’s complaint must be dismissed. Following are the

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standards governing plaintiff’s putative claims to assist him in drafting his amended pleading.

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Fourteenth Amendment Claim: Handcuffs

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The Due Process Clause of the Fourteenth Amendment protects a post-arraignment

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pretrial detainee from the use of excessive force that amounts to punishment. Graham v. Connor,
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490 U.S. 386, 395 n.10 (1989) (citing Bell v. Wolfish, 441 U.S. 520, 535-39 (1979)). To prove an

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excessive force claim under § 1983, a pretrial detainee must show only that the “force purposely

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or knowingly used against him was objectively unreasonable.” Kingsley v. Hendrickson, 576

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U.S. 389, 396-97 (2015). “A court must make this determination from the perspective of a

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reasonable officer on the scene, including what the officer knew at the time, not with the 20/20

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vision of hindsight.” Id. “[O]bjective reasonableness turns on the ‘facts and circumstances of

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each particular case.’” Id. (quoting Graham v. Connor, 490 U.S. at 396).

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Fourteenth Amendment Claim: Medical

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To prevail on a Fourteenth Amendment inadequate medical care claim against an

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individual defendant, a pretrial detainee must establish: “(i) the defendant made an intentional

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decision with respect to the conditions under which the plaintiff was confined; (ii) those

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conditions put the plaintiff at substantial risk of suffering serious harm; (iii) the defendant did not

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take reasonable available measures to abate that risk, even though a reasonable official in the

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circumstances would have appreciated the high degree of risk involved -- making the

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consequences of the defendant’s conduct obvious; and (iv) by not taking such measures, the

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defendant caused the plaintiff’s injuries.” Gordon v. County of Orange, 888 F.3d 1118, 1124-25

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(9th Cir. 2018). The third element requires the plaintiff to show “the defendant’s conduct” was

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“objectively unreasonable, a test that will necessarily ‘turn[ ] on the facts and circumstances of

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each particular case.’” Id. (quoting Castro v. Cnty. of Los Angeles, 833 F.3d 1060, 1071 (9th Cir.

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2016) (en banc). Under this standard, plaintiff must “prove more than negligence but less than

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subjective intent - something akin to reckless disregard.” Gordon, 888 F.3d at 1125.

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Eighth Amendment Claim: Handcuffs

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Where excessive force is alleged, “the core judicial inquiry is . . . whether force was

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applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to

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cause harm.” Hudson v. McMillian, 503 U.S. 1, 7 (1992). In order to violate the Eighth

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Amendment, a defendant must use force which is “unnecessary” and “wanton.” Whitley v.

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Albers, 475 U.S. 312, 319 (1986). To determine whether a defendant used excessive force in the

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prison or jail context, the Court considers the following factors: (1) the need for the application
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of force; (2) the relationship between the need and the amount of force used; (3) the extent of the

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injury inflicted; (4) the threat “reasonably perceived by the responsible officials”; and (5) “any

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efforts made to temper the severity of a forceful response.” Hudson, 503 U.S. at 7 (citing

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Whitley, 475 U.S. at 321). “From such considerations inferences may be drawn as to whether the

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use of force could plausibly have been thought necessary, or instead evinced such wantonness

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with respect to the unjustified infliction of harm as is tantamount to a knowing willingness that it

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occur.” Whitley, 475 U.S. at 321. A constitutional violation can only be established if force was

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used “maliciously and sadistically for the purpose of causing harm.” Id. at 319; see also Wilson

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v. Seiter, 501 U.S. 294, 298 (1991) (holding claims that an official inflicted cruel and unusual

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punishment contain both an objective component as well as a subjective “inquiry into the prison

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official’s state of mind”).

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Eighth Amendment Claim: Medical Care

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A prisoner’s claim of inadequate medical care does not constitute cruel and unusual

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punishment in violation of the Eighth Amendment unless the mistreatment rises to the level of

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“deliberate indifference to serious medical needs.” Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.

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2006) (quoting Estelle v. Gamble, 429 U.S. 97, 104 (1976)). Deliberate indifference may be

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shown by the denial, delay or intentional interference with medical treatment or by the way in

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which medical care is provided. Hutchinson v. United States, 838 F.2d 390, 394 (9th Cir. 1988).

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The two-part test for deliberate indifference requires plaintiff to show (1) “a ‘serious medical

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need’ by demonstrating that failure to treat a prisoner’s condition could result in further

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significant injury or the ‘unnecessary and wanton infliction of pain,’” and (2) “the defendant’s

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response to the need was deliberately indifferent.” Jett, 439 F.3d at 1096. A defendant does not

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act in a deliberately indifferent manner unless the defendant “knows of and disregards an

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excessive risk to inmate health or safety.” Farmer v. Brennan, 511 U.S. 825, 837 (1994).

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Negligence allegations are insufficient. Deliberate indifference “requires more than

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ordinary lack of due care.” Colwell v. Bannister, 763 F.3d 1060, 1066 (9th Cir. 2014) (quoting

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Farmer, 511 U.S. at 835). The indifference to the prisoner’s medical needs must be substantial --

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negligence, inadvertence, or differences in medical judgment or opinion do not rise to the level of
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a constitutional violation. Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004) (negligence

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constituting medical malpractice is not sufficient to establish an Eighth Amendment violation).

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Leave to Amend

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The court finds the allegations in plaintiff’s complaint so vague and conclusory that it is

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unable to determine whether the current action is frivolous or fails to state a claim for relief. The

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court determines that the complaint does not contain a short and plain statement as required by

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Fed. R. Civ. P. 8(a)(2). Although the Federal Rules adopt a flexible pleading policy, a complaint

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must give fair notice and state the elements of the claim plainly and succinctly. Jones v. Cmty.

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Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984). Plaintiff must allege with at least some

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degree of particularity overt acts which each defendant engaged in that support plaintiff’s claim.

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Id. Because plaintiff failed to comply with the requirements of Fed. R. Civ. P. 8(a)(2), the

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complaint must be dismissed. However, plaintiff is granted 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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about which he complains resulted in a deprivation of plaintiff’s constitutional rights. See, e.g.,

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West v. Atkins, 487 U.S. 42, 48 (1988). Also, the complaint must allege in specific terms how

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each named defendant is involved. Rizzo v. Goode, 423 U.S. 362, 371 (1976). There can be no

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liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a

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defendant’s actions and the claimed deprivation. Rizzo, 423 U.S. at 371; May v. Enomoto, 633

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F.2d 164, 167 (9th Cir. 1980). Furthermore, vague and conclusory allegations of official

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participation in civil rights violations are not sufficient. Ivey v. Bd. of Regents, 673 F.2d 266,

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268 (9th Cir. 1982).

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Plaintiff must include all named defendants in the caption of the amended complaint. Fed.

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R. Civ. P. 10(a). In the defendants’ section of the complaint, plaintiff must again identify each

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defendant and provide his or her official position and place of employment.

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In addition, 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 requirement exists

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because, as a general rule, an amended complaint supersedes the original complaint. See Ramirez
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v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015) (“an ‘amended complaint

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supersedes the original, the latter being treated thereafter as non-existent.’” (internal citation

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omitted)). Once plaintiff files an amended complaint, the original pleading no longer serves any

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function in the case. Therefore, in an amended complaint, as in an original complaint, each claim

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and the involvement of each defendant must be sufficiently alleged.

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

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1. Plaintiff’s request for leave to proceed in forma pauperis is granted.

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

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is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C.

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§ 1915(b)(1). All fees shall be collected and paid in accordance with this court’s order to the

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Sacramento County Sheriff filed concurrently herewith.

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3. Plaintiff’s complaint is dismissed.

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4. Within thirty days from the date of this order, plaintiff shall complete the attached

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Notice of Amendment and submit the following documents to the court:

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a. The completed Notice of Amendment; and

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b. An original of the Amended Complaint.

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Plaintiff’s amended complaint shall comply with the requirements of the Civil Rights Act, the

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Federal Rules of Civil Procedure, and the Local Rules of Practice. The amended complaint must

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also bear the docket number assigned to this case and must be labeled “Amended Complaint.”

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Failure to file an amended complaint in accordance with this order may result in the

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dismissal of this action.

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Dated: May 18, 2023

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/sing0237.14n

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GURPREET SINGH,
Plaintiff,

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v.

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NOTICE OF AMENDMENT

SACRAMENTO COUNTY SHERIFF, et
al.,

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No. 2:23-cv-0237 KJN P

Defendants.
Plaintiff hereby submits the following document in compliance with the court’s order
filed______________.
DATED:

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Amended Complaint

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________________________________
Plaintiff