Larkin v. Jeter

Filing 8

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 04/25/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 4/27/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District
Court

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JETHRO L. LARKIN II,

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No. C-12-0209 TEH (PR)

Plaintiff,

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v.

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ORDER OF DISMISSAL

STEVEN JETER,

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Defendant.
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Plaintiff, a California state prisoner incarcerated at

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California Correctional Institution in Tehachapi, California, has

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filed a pro se civil rights action pursuant to 42 U.S.C. § 1983

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alleging that on November 10, 2011, Pelican Bay State Prison

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(“PBSP”) correctional officer Steven Jeter caused him harm by

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deliberately and carelessly refusing to take away a dirty food tray

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and replace it with a clean food tray.

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seeks a letter of apology from Officer Jeter; $13,000 in general

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damages; $36,000 in compensatory damages; and $45,000 in punitive

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damages.

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DISMISSED with prejudice for failure to state a claim.

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Doc. #1 at 5-6.

Plaintiff

For the reasons set forth below, Plaintiff’s complaint is
Petitioner’s

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applications for leave to proceed in forma pauperis will be

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addressed in a separate order.

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Federal courts must engage in a preliminary screening of

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cases in which prisoners seek redress from a governmental entity or

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officer or employee of a governmental entity.

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The court must identify cognizable claims or dismiss the complaint,

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or any portion of the complaint, if the complaint “is frivolous,

28 U.S.C. § 1915A(a).

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malicious, or fails to state a claim upon which relief may be

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granted,” or “seeks monetary relief from a defendant who is immune

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from such relief.”

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litigants, however, must be liberally construed.

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627 F.3d 338, 342 (9th Cir. 2010); Balistreri v. Pacifica Police

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Dep’t., 901 F.2d 696, 699 (9th Cir. 1990).

Id. § 1915A(b).

Pleadings filed by pro se
Hebbe v. Pliler,

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A
Plaintiff complains that on November 10, 2011, he received

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a food tray that was dirty and covered with “thick-thick brown

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greasy oil food stains.”

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Jeter, the floor officer at the time, that his tray was dirty.

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Plaintiff alleges that Officer Jeter responded to him in a “hard

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mean voice” and dismissed his concerns and told him to file an

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administrative appeal regarding Food Services instead of bothering

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the floor officers.

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complained about an unsanitary food tray on September 15, 2011 and

Id.

Doc. #1 at 5.

Id.

Plaintiff alleges that he had previously

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Plaintiff informed Officer

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was informed at that time that he should alert the floor officer to

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the unsanitary food tray and that the floor officer was to contact

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Food Services and arrange for a replacement food tray.

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Plaintiff alleges that Officer Jeter’s failure to obtain him a

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replacement food tray is a violation of 42 U.S.C. § 1983.

Id.

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B.

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

(1) that a right secured by the

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Constitution or laws of the United States was violated, and (2) that

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the alleged violation was committed by a person acting under the

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color of state law.

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

The Eighth Amendment to the U.S. Constitution prohibits

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the infliction of cruel and unusual punishments.

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does not mandate comfortable prisons, . . . but neither does it

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permit inhumane ones.”

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(1994) (internal citations and quotation marks omitted).

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treatment a prisoner receives in prison and the conditions under

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which he is confined are subject to scrutiny under the Eighth

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Amendment.

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minimal civilized measure of life’s necessities.’”

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at 834 (quoting Rhodes v. Chapman, 452 U.S. 337, 347 (1981)).

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determining whether a deprivation of a basic necessity is

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sufficiently serious to satisfy the objective component of an Eighth

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Amendment claim, a court must consider the circumstances, nature,

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and duration of the deprivation.

Id.

See Farmer v. Brennan, 511 U.S. 825, 832
The

Prison authorities may not deny prisoners “‘the
Farmer, 511 U.S.

The more basic the need, the

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“The Constitution

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In

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shorter the time it can be withheld.

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726, 731 (9th Cir. 2000).

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against cruel and unusual punishment, this does not mean that

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federal courts can or should interfere whenever prisoners are

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inconvenienced or suffer de minimis injuries.

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v. County of Kern, 45 F.3d 1310, 1314-15 (9th Cir.) (temporary

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placement in safety cell that was dirty and smelled bad did not

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constitute infliction of pain), amended 75 F.3d 448 (9th Cir. 1995);

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Hernandez v. Denton, 861 F.2d 1421, 1424 (9th Cir. 1988) (allegation

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that inmate slept without mattress for one night is insufficient to

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state 8th Amendment violation and no amendment can alter that

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deficiency), judgment vacated on other grounds 493 U.S. 801 (1989);

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Holloway v. Gunnell, 685 F.2d 150, 155-56 (5th Cir. 1982) (no claim

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stated where prisoner forced to spend two days in hot dirty cell

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with no water for hours).

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Johnson v. Lewis, 217 F.3d

Although the Eighth Amendment protects

See, e.g., Anderson

The complaint fails to state a claim for relief under

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§ 1983.

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insufficient to state an Eighth Amendment violation, and no

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amendment of the complaint can cure that.

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tray covered with a layer of greasy food stains did not deprive

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Plaintiff of the minimal civilized measure of life’s necessities.

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//

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//

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//

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//

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//

The failure to provide Plaintiff with a clean food tray is

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Being provided a food

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II

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For the reasons set forth above, Plaintiff’s complaint is

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DISMISSED with prejudice for failure to state a claim.

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shall deny all pending motions as moot and close the file.

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The clerk

IT IS SO ORDERED.

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DATED
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04/25/2012
THELTON E. HENDERSON
United States District Judge

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