Martinez v. California Department of Corrections and Rehabilitations et al

Filing 4

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND. Signed by Judge Richard Seeborg on 1/23/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 1/23/2012)

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UNITED STATES DISTRICT COURT

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United States District Court
For the Northern District of California

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND

Plaintiff,

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v.

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No. C 11-4998 RS (PR)

PATRICK A. MARTINEZ,

TIM VIRGA, et al.,
Defendants.

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/

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INTRODUCTION

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This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state

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prisoner. The Court now reviews the complaint pursuant to 28 U.S.C. § 1915A(a).
DISCUSSION

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A.

Standard of Review
A federal court must conduct a preliminary screening in any case in which a prisoner

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seeks redress from a governmental entity or officer or employee of a governmental entity.

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See 28 U.S.C. § 1915A(a). In its review, the court must identify any cognizable claims and

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dismiss any claims that are frivolous, malicious, fail to state a claim upon which relief may

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No. C 11-4998 RS (PR)
ORDER OF DISMISSAL

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be granted or seek monetary relief from a defendant who is immune from such relief. See id.

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§ 1915A(b)(1),(2). Pro se pleadings must be liberally construed. See Balistreri v. Pacifica

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Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1988).
A “complaint must contain sufficient factual matter, accepted as true, to ‘state a claim

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to relief that is plausible on its face.’” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009)

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(quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial

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

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reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting

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Twombly, 550 U.S. at 556). Furthermore, a court “is not required to accept legal conclusions

United States District Court
For the Northern District of California

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cast in the form of factual allegations if those conclusions cannot reasonably be drawn from

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the facts alleged.” Clegg v. Cult Awareness Network, 18 F.3d 752, 754–55 (9th Cir. 1994).

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To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential elements:

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that a right secured by the Constitution or laws of the United States was violated, and

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that the alleged violation was committed by a person acting under the color of state law. See

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West v. Atkins, 487 U.S. 42, 48 (1988).

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B.

(1)
(2)

Legal Claims

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Plaintiff claims that defendants, staff and supervisors at the California Department of

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Corrections and Rehabilitation and at Salinas Valley State Prison, failed to provide him with

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constitutionally adequate health care. The complaint does not contain sufficient facts to state

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a claim that is plausible on its face. Plaintiff offers conclusory allegations that unspecified

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defendants failed in their duties to provide him with adequate medical care. Plaintiff fails to

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name specific defendants and to describe their specific actions and how those actions resulted

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in a constitutional violation.

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To succeed on a claim that an inmate received constitutionally inadequate medical

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care, the inmate must plead and prove that a prison official has acted with deliberate

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indifference. A prison official is deliberately indifferent if he knows that a prisoner faces a

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substantial risk of serious harm and disregards that risk by failing to take reasonable steps to

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No. C 11-4998 RS (PR)
ORDER OF DISMISSAL

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abate it. See Farmer v. Brennan, 511 U.S. 825, 837 (1994). The prison official must not

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only “be aware of facts from which the inference could be drawn that a substantial risk of

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serious harm exists,” but “must also draw the inference.” Id. Consequently, in order for

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deliberate indifference to be established, there must exist both a purposeful act or failure to

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act on the part of the defendant and harm resulting therefrom. See McGuckin v. Smith, 974

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F.2d 1050, 1060 (9th Cir. 1992). A difference of opinion between a prisoner patient and a

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medical doctor, is not enough to make out a violation of the Eighth Amendment. See

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Toguchi v. Chung, 391 F.3d 1051, 1058–60 (9th Cir. 2004). Plaintiff must show that the

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treatment was “medically unacceptable under the circumstances” and that defendants

United States District Court
For the Northern District of California

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embarked on this course in “conscious disregard of an excessive risk to plaintiff’s health.”

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Id. Plaintiff has not alleged facts sufficient to state a claim under these standards.

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Plaintiff names many persons who occupy supervisory positions. As a prerequisite

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for § 1983 liability, the defendant must have caused the alleged violation. See Estate of

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Brooks v. United States, 197 F.3d 1245, 1248 (9th Cir. 1999). Unlike a private tort action,

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there is no respondeat superior liability under § 1983. Taylor v. List, 880 F.2d 1040, 1045

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(9th Cir. 1989). It is not enough that the supervisor merely has a supervisory relationship

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over the defendants; the plaintiff must show that the supervisor “participated in or directed

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the violations, or knew of the violations and failed to act to prevent them.” Taylor, 880 F.2d

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at 1045. In his amended complaint, plaintiff must do more than simply list the names of

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supervisory defendants on the first page of the complaint. He must allege specific facts

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showing that these defendants knew of, participated in, or directed the actions of their

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employees.

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Accordingly, the complaint is DISMISSED with leave to amend. Plaintiff shall file an

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amended complaint within 30 days from the date this order is filed. The first amended

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complaint must include the caption and civil case number used in this order (11-4998 RS

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(PR)) and the words FIRST AMENDED COMPLAINT on the first page. Because an

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amended complaint completely replaces the previous complaints, plaintiff must include in his

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No. C 11-4998 RS (PR)
ORDER OF DISMISSAL

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first amended complaint all the claims he wishes to present and all of the defendants he

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wishes to sue. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Plaintiff may

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not incorporate material from the prior complaint by reference. Failure to file an amended

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complaint in accordance with this order will result in dismissal of this action without further

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notice to plaintiff.

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It is plaintiff’s responsibility to prosecute this case. Plaintiff must keep the Court

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informed of any change of address by filing a separate paper with the clerk headed “Notice of

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Change of Address.” He must comply with the Court’s orders in a timely fashion or ask for

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an extension of time to do so. Failure to comply may result in the dismissal of this action

United States District Court
For the Northern District of California

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pursuant to Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.
DATED: January 23, 2012
RICHARD SEEBORG
United States District Judge

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No. C 11-4998 RS (PR)
ORDER OF DISMISSAL

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