(PC) Alford v. Pheiffer et al

Filing 7

ORDER signed by Magistrate Judge Dennis M. Cota on 6/5/2024 DISMISSING #1 Complaint with leave to amend. Amended Complaint due by 30 days of the date of service of this order. (Kyono, V)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY ALFORD,

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No. 2:24-CV-1290-DMC-P

Plaintiff,
v.

ORDER

CHRISTIAN PHEIFFER, et al.,
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 original complaint, ECF No. 1.

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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). This provision also applies if the plaintiff was incarcerated at the time the action was

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initiated even if the litigant was subsequently released from custody. See Olivas v. Nevada ex rel.

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Dep’t of Corr., 856 F.3d 1281, 1282 (9th Cir. 2017). The Court must dismiss a complaint or

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portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can

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be granted; or (3) seeks monetary relief from a defendant who is immune from such relief. See

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28 U.S.C. § 1915A(b)(1), (2). Moreover, the Federal Rules of Civil Procedure require that

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complaints contain a “. . . short and plain statement of the claim showing that the pleader is

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entitled to relief.” Fed. R. Civ. P. 8(a)(2). This means that claims must be stated simply,
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concisely, and directly. See McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir. 1996) (referring to

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Fed. R. Civ. P. 8(e)(1)). These rules are satisfied if the complaint gives the defendant fair notice

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of the plaintiff’s claim and the grounds upon which it rests. See Kimes v. Stone, 84 F.3d 1121,

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1129 (9th Cir. 1996). Because Plaintiff must allege with at least some degree of particularity

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overt acts by specific defendants which support the claims, vague and conclusory allegations fail

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to satisfy this standard. Additionally, it is impossible for the Court to conduct the screening

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required by law when the allegations are vague and conclusory.

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I. PLAINTIFF’S ALLEGATIONS

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Plaintiff Larry Alford names the following as defendants: (1) C. Pheiffer, (2) R.

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Pantoja, (3) J. Lynch, (4) C. Andes, (5) Guzman, (6) Gutierrez, (7) Scott, (8) Darling, (9) Pesolia,

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(10) Bryden, (11) Remeron, (12) Lewis, (13) Carrasco, (14) Aguilar, (15) Dr. Neal, (16) Dr.

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Sanchez, (17) Dr. Alton, (18) Dr. Alexander, and (19) Nurse John Doe. See ECF No. 1, pgs. 1, 4.

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Defendants are alleged to be prison officials at Kern Valley State Prison (KVSP) and California

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State Prison – Sacramento (CSP-Sac.). See id. Plaintiff claims the events alleged in the

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complaint occurred at both institutions. See id. at 1.
Plaintiff alleges a violation of his Eighth Amendment rights due to deliberate

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indifference to his mental health needs. See id. at 3. Plaintiff asserts that he is housed hundreds

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of miles away from home and has been subjected to inadequate mental health treatment. See id.

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Plaintiff alleges that he is being forced to comply with “stringent levels of mental health

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violations” and has been denied a transfer to a level-three prison closer to Plaintiff’s home in

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Alameda County where he can receive adequate mental health treatment. Id. Plaintiff asserts that

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he has made several physical attempts to hang himself in the presence of officials at CSP-Sac.

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See id. Plaintiff claims that, due to lack of professional mental health care treatment, Plaintiff has

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been physically, mentally, and emotionally injured, ultimately causing Plaintiff mental and

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emotional anguish. See id.

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Plaintiff asserts that all defendants are being sued in their individual or official

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capacities for deliberate indifference to Plaintiff’s serious health crisis and the immediate need for

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mental health treatment. See id. at 12. According to Plaintiff, due to a shortage of mental health

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care providers, psych techs, psychologists, and psychiatrists to treat mental health suicide

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interventions, prison officials failed to protect Plaintiff from attempting to commit suicide. See

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id. Plaintiff contends that Defendants had a culpable state of mind and showed reckless disregard

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for Plaintiff’s life, health, safety, and security by allowing Plaintiff to attempt to commit suicide.

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See id. at 16. According to Plaintiff, instead of intervening, Defendants mocked and ridiculed

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Plaintiff. See id. Each of the named defendants, except for Defendant Pheiffer and Defendant

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Pantoja, refused to transfer Plaintiff to a more suitable mental health program. See id.
Plaintiff asserts that Defendants had reasonable first-hand knowledge based on

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their interactions with Plaintiff that he was in crisis mode. See id. Plaintiff claims that Defendants

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acted in concert with each corrections officer that changed shifts and acted under the color of

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state law and unsupervised institutional authority. See id. As a result, Plaintiff continues to

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suffer irreparable harm and is experiencing the recurring trauma of suicide attempts. See id.

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According to Plaintiff, the deliberate indifference and failure to protect Plaintiff

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has created unsafe living conditions in violation of Plaintiff’s constitutional rights and statutory

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rights under the Americans with Disabilities Act. See id. at 15. Plaintiff asserts that he has no

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plain, adequate, or complete remedy at law to redress wrongs described. See id. Plaintiff

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contends that he has been and will continue to be irreparably injured by the conduct of

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Defendants unless the court grants declaratory or injunctive relief. See id.

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II. DISCUSSION

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The Court finds that Plaintiff has failed to state a cognizable Eighth Amendment

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claim against any named defendant. To state a claim under 42 U.S.C. § 1983, the plaintiff must

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allege an actual connection or link between the actions of the named defendants and the alleged

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deprivations. See Monell v. Dep’t of Social Servs., 436 U.S. 658 (1978); Rizzo v. Goode, 423

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U.S. 362 (1976). “A person ‘subjects’ another to the deprivation of a constitutional right, within
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the meaning of § 1983, if he does an affirmative act, participates in another's affirmative acts, or

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omits to perform an act which he is legally required to do that causes the deprivation of which

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complaint is made.” Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). Vague and conclusory

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allegations concerning the involvement of official personnel in civil rights violations are not

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sufficient. See Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). Rather, the plaintiff

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must set forth specific facts as to each individual defendant’s causal role in the alleged

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constitutional deprivation. See Leer v. Murphy, 844 F.2d 628, 634 (9th Cir. 1988).

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Here, the complaint fails to set forth specific facts to each individual defendant’s
causal role in the alleged violations. Instead of providing facts as to each defendant’s conduct,

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Plaintiff speaks in general terms about “defendants” collectively, which is insufficient to put any

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named defendant on fair notice of Plaintiff’s claims. Plaintiff will be provided an opportunity to

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amend.

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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 prior to dismissal of the entire

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action. See Lopez v. Smith, 203 F.3d 1122, 1126, 1131 (9th Cir. 2000) (en banc). Plaintiff is

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informed that, as a general rule, an amended complaint supersedes the original complaint. See

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Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Thus, following dismissal with leave to

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amend, all claims alleged in the original complaint which are not alleged in the amended

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complaint are waived. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Therefore, if

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Plaintiff amends the complaint, the Court cannot refer to the prior pleading in order to make

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Plaintiff's amended complaint complete. See Local Rule 220. An amended complaint must be

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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 between
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each defendant’s actions and the claimed deprivation. See May v. Enomoto, 633 F.2d 164, 167

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(9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).

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Finally, Plaintiff is warned that failure to file an amended complaint within the

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time provided in this order may be grounds for dismissal of this action. See Ferdik, 963 F.2d at

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1260-61; see also Local Rule 110. Plaintiff is also warned that a complaint which fails to comply

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with Rule 8 may, in the Court’s discretion, be dismissed with prejudice pursuant to Rule 41(b).

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See Nevijel v. North Coast Life Ins. Co., 651 F.2d 671, 673 (9th Cir. 1981).

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s original complaint is dismissed with leave to amend; and

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2.

Plaintiff shall file a first amended complaint within 30 days of the date of

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service of this order.

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Dated: June 5, 2024

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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