Richardson v. Reyes et al

Filing 15

ORDER DISMISSING COMPLAINT IN PART, WITH LEAVE TO AMEND. Signed by Judge Richard Seeborg on 1/14/13. (cl, COURT STAFF) (Filed on 1/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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FORREST M. RICHARDSON,
Petitioner,

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No. C 12-00310 RS (PR)

ORDER DISMISSING COMPLAINT
IN PART, WITH LEAVE TO AMEND

v.
DR. REYES, et al.,

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Respondent.
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A. Introduction

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This is a federal civil rights case filed pursuant to 42 U.S.C. §1983 and 42 U.S.C. §1985

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by a represented state prisoner. The Court now reviews the complaint pursuant to 28 U.S.C.

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§1915A(a).

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B. Standard of Review

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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. See

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

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

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ORDER

seek monetary relief from a defendant who is immune from such relief. See 28 U.S.C.

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§1915A(b)(1),(2).
A “complaint must contain sufficient factual matter, accepted as true to ‘state a claim to

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relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell

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Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility when the

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plaintiff pleads factual content that allows the court to draw the reasonable inference that the

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defendant is liable for the misconduct alleged.” Id. (quoting Twombly, 550 U.S. at 556).

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Furthermore, a court “is not required to accept legal conclusions cast in the form of factual

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allegations if those conclusions cannot reasonably be drawn from the facts alleged.” Clegg v.

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Cult Awareness Network, 18 F.3d 752, 754-55 (9th Cir. 1994).
To state a claim under 42 U.S.C. §1983, a plaintiff must allege two essential elements:

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For the Northern District of California

United States District Court

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(1) that a right secured by the 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 color of state law. See West v.

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Atkins, 487 U.S. 42, 48 (1988). To state a claim under 42 U.S.C. §1985(2), a plaintiff must show

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that two or more people acted to obstruct justice in the federal courts or to intimidate a party,

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witness or juror in connection therewith. See Kush v. Rutledge, 460 U.S. 719 (1983). Under 42

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U.S.C. §1985(3), a cause of action requires (1) a showing of racial or class-based discrimination,

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and (2) that the conspiracy was aimed at interfering with rights that are protected against both

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private and official encroachment. See Bray v. Alexandria Women’s Health Clinic, 506 U.S.

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263, 267-68 (1993). The Ninth Circuit has held that federal courts should exercise restraint in

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extending § 1985(3) beyond racial prejudice. See Butler v. Elle, 281 F.3d 1014, 1028 (9th Cir.

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2002).

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C. Legal Claims

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Plaintiff alleges that defendants, correctional officers and medical staff of San Quentin

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State Prison, intentionally deprived him of his medications and necessary medical treatment in

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retaliation for his filing of a civil action in the United States District Court for the Eastern

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District of California. Plaintiff avers that he was wrongfully assessed a “115” citation that

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ORDER

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alleged plaintiff had been in possession of a controlled substance and drug paraphernalia. As a

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result of this citation, plaintiff claims he was deprived of his medications and prohibited from

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going to medical staff for any reason. Due to this alleged deprivation, plaintiff has experienced

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pain, trouble breathing, severe colitis, and serious difficulties with eating and drinking. Plaintiff

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states defendants acted with knowledge of, or deliberate indifference to, his medical needs and

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that they acted under color of law. Plaintiff further avers he has exhausted his administrative

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remedies. These facts, are more than mere legal conclusions. Taken as true, these facts are

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sufficient to establish a plausible claim for which relief may be granted. Thus, Claims One and

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Two based on violations of 42 U.S.C. §1983 may proceed.

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Plaintiff further alleges that defendants conspired to obstruct justice and deprive him of

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For the Northern District of California

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equal protection of the law under 42 U.S.C. §1985(2). Plaintiff asserts few facts, however, to

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support the conclusion that defendants were acting in retaliation to his filing of another civil

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action. Rather, plaintiff simply makes this bald conclusion. Thus, plaintiff’s third claim for

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relief must be dismissed with leave to amend.

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Finally, plaintiff alleges that defendants acted to deprive him of his rights and privileges

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under 42 U.S.C. §1985(3). Nevertheless, plaintiff fails to allege that the deprivation was

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motivated by race. Rather, he appears to claim the discrimination was based on his filing of

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another civil action, which does not implicate a protected class. Because the Ninth Circuit has

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warned against extending §1985(3) beyond racial prejudice, see Butler v. Elle, 281 F.3d 1014,

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1028 (9th Cir. 2002), plaintiff’s fourth claim for relief must be dismissed with leave to amend.

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D. Conclusion

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For the foregoing reasons, Claims Three and Four are dismissed with leave to amend.

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Claims One and Two state a plausible claim for relief and may proceed.
IT IS SO ORDERED.

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Dated: 1/14/13
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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ORDER

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