(PC) Khademi v. Newsome et al

Filing 15

ORDER signed by Magistrate Judge Jeremy D. Peterson on 3/7/2025 DISMISSING 13 First Amended Complaint with leave to amend. Within 30 days from service of this order, plaintiff shall file either a second amended complaint or a notice of voluntary dismissal of this action without prejudice. (Deputy Clerk HAH)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVOOD KHADEMI,

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Case No. 2:23-cv-2743-DC-JDP (P)

Plaintiff,
v.

ORDER

GAVIN NEWSOME, et al.,

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Defendants.

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Plaintiff, a state inmate proceeding pro se, alleges in his first amended complaint that

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Placer County Jail and unidentified prison officials in the South Placer County Jail violated his

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Eighth Amendment right to have access to adequate food and water. ECF No. 13. Plaintiff fails

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to state a claim. Plaintiff may, if he chooses, file an amended complaint that addresses the

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deficiencies noted herein.
Screening and Pleading Requirements

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A federal court must screen the complaint of any claimant seeking permission to proceed

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in forma pauperis. See 28 U.S.C. § 1915(e). The court must identify any cognizable claims and

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dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon

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which relief may be granted, or seeks monetary relief from a defendant who is immune from such

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relief. Id.
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A complaint must contain a short and plain statement that plaintiff is entitled to relief,

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Fed. R. Civ. P. 8(a)(2), and provide “enough facts to state a claim to relief that is plausible on its

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face,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). The plausibility standard does not

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require detailed allegations, but legal conclusions do not suffice. See Ashcroft v. Iqbal, 556 U.S.

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662, 678 (2009). If the allegations “do not permit the court to infer more than the mere

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possibility of misconduct,” the complaint states no claim. Id. at 679. The complaint need not

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identify “a precise legal theory.” Kobold v. Good Samaritan Reg’l Med. Ctr., 832 F.3d 1024,

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1038 (9th Cir. 2016). Instead, what plaintiff must state is a “claim”—a set of “allegations that

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give rise to an enforceable right to relief.” Nagrampa v. MailCoups, Inc., 469 F.3d 1257, 1264

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n.2 (9th Cir. 2006) (en banc) (citations omitted).

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The court must construe a pro se litigant’s complaint liberally. See Haines v. Kerner, 404

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U.S. 519, 520 (1972) (per curiam). The court may dismiss a pro se litigant’s complaint “if it

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appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which

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would entitle him to relief.” Hayes v. Idaho Corr. Ctr., 849 F.3d 1204, 1208 (9th Cir. 2017).

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However, “‘a liberal interpretation of a civil rights complaint may not supply essential elements

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of the claim that were not initially pled.’” Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251,

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1257 (9th Cir. 1997) (quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)).

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Analysis

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Plaintiff brings his first amended complaint against two named defendants—Placer

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County Jail and unidentified South Placer County Jail officials. ECF No. 13 at 1-2. Plaintiff

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alleges that on or about April 2024, Placer County Jail, South Placer County Jail, and Auburn Jail

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changed their food menu from bologna sandwiches to turkey sandwiches. Id. at 3. He alleges

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that the switch to turkey sandwiches was “bad,” inmates refused to each the sandwiches, and

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ultimately, on November 20, 2024, the turkey sandwiches provided to the inmates caused

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widespread sickness, impacting plaintiff and other inmates. Id. According to plaintiff, after

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inmates became ill, on November 23, 2024, the jails stopped providing turkey sandwiches,

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allegedly due to the inmate grievances filed based on the food. Id. He also alleges that unnamed

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officials know the water in South Placer County Jail and Auburn Jail has a metallic taste, and that
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he believes the water is impacting his kidney health. Id. at 4. He alleges that he filed a grievance

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related to the water conditions and that correctional officers in his unit began taunting him

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regarding his complaint, and that officials know inmates are not receiving adequate water in the

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jail and are not taking appropriate actions. Id. Plaintiff purports to bring these claims under 42

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U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 402

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U.S. 388 (1971), and states that he wants to bring the suit as a class action. Id. at 1. He seeks

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monetary damages, injunctive relief, and declaratory relief. Id. at 5.

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Plaintiff’s allegations fail to state a cognizable claim. To the extent plaintiff purports to

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bring his claims under Bivens, such claim fails because Bivens actions address misconduct

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performed by federal actors, not state actors. See Corr. Serv. Corp. v. Malesko, 534 U.S. 61, 70

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(2001) (“The purpose of Bivens is to deter individual federal officers from committing

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constitutional violations.” (emphasis added)); see also Hartman v. Moore, 547 U.S. 250, 254 n.2

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(2006) (“[A] Bivens action is the federal analog to suits brought against state officials under . . .

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42 U.S.C. § 1983.”). Because plaintiff only makes claims against state actors, he cannot bring

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this action under Bivens. Additionally, while plaintiff seeks to bring his complaint as a class

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action, he is not qualified to do so. See C.E. Pope Equity Trust v. United States, 818 F.2d 696,

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697 (9th Cir. 1987) (“Although a non-attorney may appear in propria persona in his own behalf,

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that privilege is personal to him. He has no authority to appear as an attorney for others than

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himself.” (citations omitted)).

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Plaintiff’s claims for money damages against Placer County Jail also fail to state a claim

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because a § 1983 claim for monetary damages can only be brought against a person acting under

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color of state law, and a state and its entities are not “persons” for purposes of § 1983. Will v.

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Mich. Dep’t of State Police, 491 U.S. 58, 64 (1989); Bank of Lake Tahoe v. Bank of America, 318

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F.3d 914, 918 (9th Cir. 2003). Plaintiff’s claims for injunctive and declaratory relief against

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Placer County Jail similarly fail because “[l]ocal law enforcement departments . . . are not proper

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defendants under § 1983.” Sims v. San Diego Cnty. Jail Med., No. 24-cv-1489-LL-DDL, 2025

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WL 360360, at *2 (S.D. Cal. Jan. 31, 2025); see also Vance v. Cnty. of Santa Clara, 928 F. Supp.

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993, 996 (N.D. Cal 1996) (“[T]he term ‘persons’ does not encompass municipal departments.”).
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Finally, to the extent plaintiff attempts to raise a claim under Monell v. Department of Social

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Services, 436 U.S. 658 (1978), plaintiff fails to state a claim because he did not plead Placer

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County as a defendant, and he has not alleged that any constitutional deprivation he suffered was

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caused either by the implementation or execution of a policy adopted and promulgated by the

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County or by a final decision-maker for the County.

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Plaintiff is left with claims for monetary damages and injunctive and declaratory relief

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against unnamed South Placer Jail officials. For purposes of screening, plaintiff sufficiently

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alleges a cognizable Eighth Amendment claim alleging inadequate water.

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Inhumane conditions of confinement can violate the Eighth Amendment’s prohibition

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against cruel and unusual punishment. See Morgan v. Morgensen, 465 F.3d 1041, 1045 (9th Cir.

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2006). Inhumane conditions can take many forms, and the deprivation of “minimal civilized

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measure of life’s necessities” such as adequate food, clothing, shelter, medical care, or safety can

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violate the Eighth Amendment. Id. at 834; Hudson v. Palmer, 468 U.S. 517, 526-27 (1984). To

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establish an Eighth Amendment violation, a plaintiff must allege that he was deprived of

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something sufficiently serious, and that the deprivation occurred with a deliberate indifference to

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the plaintiff’s health or safety. Foster v. Runnels, 554 F.3d 807, 812 (9th Cir. 2009).

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There is no question that “[a]dequate food is a basic human need protected by the Eighth

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Amendment.” Kennan v. Hall, 83 F.3d 1083, 1091 (9th Cir. 1996), amended on denial of reh’g,

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135 F.3d 1318 (9th Cir. 1998). While food need not be “tasty or aesthetically pleasing,” food

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must be adequate to maintain inmate health. LeMaire v. Mass, 12 F.3d 1444, 1456 (9th Cir.

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1993). Additionally, adequate water is an Eighth Amendment concern. Minifield v. Butikofer,

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298 F. Supp. 2d 900, 904 (N.D. Cal. 2004). Spoiled food and “foul” water are inadequate to

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maintain inmate health. Kennan, 83 F.3d at 1091.

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Plaintiff sufficiently alleges that he was denied adequate food and water to maintain his

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health. See id. However, plaintiff’s Eighth Amendment claim alleging inadequate food fails to

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state a cognizable claim because he does not allege that the unnamed jail officials acted with

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deliberate indifference. See Foster, 554 F.3d at 812. Based on plaintiff’s allegations, once prison

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officials realized that the food was inadequate and made plaintiff sick, the officials stopped
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serving the food, see ECF No. 13 at 3, meaning the officials were not deliberately indifferent to

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his health, see Foster, 554 F.3d at 812.

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Plaintiff’s water-related claim does not suffer from the same deficiency. Plaintiff

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sufficiently alleged the prison officials were deliberately indifferent to his health. According to

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plaintiff, after he complained about the water and officials began taunting him about it, showing

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that the officials knew about the issue and did not take corrective action. See Farmer v. Brennan,

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511 U.S. 825, 837 (1994) (defining deliberate indifference as an official “know[ing] of and

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disregard[ing] an excessive risk to inmate health or safety”). As such, plaintiff alleges a

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cognizable Eighth Amendment claim relating to his access to adequate water.

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Nevertheless, plaintiff does not identify the specific prison officials responsible for the

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alleged wrongdoing, and I cannot serve unnamed “John Doe” defendants until he or she is

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identified. Accordingly, within 30 days of this order, plaintiff must file a second amended

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complaint identifying the “Doe” defendants. Plaintiff should also take care to add specific factual

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allegations against each defendant. If plaintiff decides to file an amended complaint, the

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amended complaint will supersede the current one. See Lacey v. Maricopa Cnty., 693 F.3d 896,

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907 n.1 (9th Cir. 2012) (en banc). This means that the amended complaint will need to be

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complete on its face without reference to the prior pleading. See E.D. Cal. Local Rule 220. Once

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an amended complaint is filed, the current one no longer serves any function. Therefore, in an

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amended complaint, as in the original, plaintiff will need to assert each claim and allege each

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defendant’s involvement in sufficient detail. The amended complaint should be titled “Second

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Amended Complaint” and refer to the appropriate case number. If plaintiff does not file an

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amended complaint, I will recommend that this action be dismissed.

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Accordingly, it is hereby ORDERED that:

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1. Plaintiff’s first amended complaint, ECF No. 13, is DISMISSED with leave to amend.

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2. Within thirty days from service of this order, plaintiff shall file either (1) a second

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amended complaint or (2) notice of voluntary dismissal of this action without prejudice.

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3. Failure to timely file either an amended complaint or notice of voluntary dismissal may

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result in the imposition of sanctions, including a recommendation that this action be dismissed

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with prejudice pursuant to Federal Rule of Civil Procedure 41(b).

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4. The Clerk of Court shall send plaintiff a complaint form with this order.

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IT IS SO ORDERED.

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Dated:

March 7, 2025

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JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE

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