Kralovetz v. Spearman et al

Filing 5

ORDER OF DISMISSAL. Signed by Judge William Alsup on 2/1/16. (dl, COURT STAFF) (Filed on 2/2/2016)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RODNEY THEODORE
KRALOVETZ,

No. C 16-0299 WHA (PR)
ORDER OF DISMISSAL

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Plaintiff,
For the Northern District of California

United States District Court

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v.
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MARIAN E. SPEARMAN; P. COX;
LT. NARANJA,
Defendants

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/

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INTRODUCTION
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Plaintiff, a California prisoner proceeding pro se, filed this civil rights action under 42
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U.S.C. 1983. Leave to proceed in forma pauperis is granted in a separate order. For the reasons
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discussed below, the case is DISMISSED.
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ANALYSIS
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A.

STANDARD OF REVIEW

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Federal courts must engage in a preliminary screening of cases in which prisoners seek
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redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.
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§ 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims
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which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek
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monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro
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se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699

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(9th Cir. 1990).

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Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the

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claim showing that the pleader is entitled to relief." "Specific facts are not necessary; the

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statement need only '"give the defendant fair notice of what the . . . . claim is and the grounds

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upon which it rests."'" Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted).

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Although in order to state a claim a complaint “does not need detailed factual allegations, . . . a

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plaintiff's obligation to provide the 'grounds of his 'entitle[ment] to relief' requires more than

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labels and conclusions, and a formulaic recitation of the elements of a cause of action will not

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do. . . . Factual allegations must be enough to raise a right to relief above the speculative
level." Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A

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For the Northern District of California

United States District Court

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complaint must proffer "enough facts to state a claim for relief that is plausible on its face." Id.

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at 1974.

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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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(1) that a right secured by the Constitution or laws of the United States was violated, and (2)

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

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

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B.

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LEGAL CLAIMS
Plaintiff alleges that defendants received a note stating that plaintiff had been in a sexual

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altercation with his cellmate. Defendants placed him in a holding cell naked for three hours

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while they investigated the allegation, including questioning him and his cellmate. When his

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cellmate denied the allegation, defendants returned plaintiff to his ordinary housing without

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disciplining him or his cellmate. Defendants memorialized the allegation and investigation in a

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“chrono” on Form 128, which was placed in plaintiff’s central file. Plaintiff seeks to have this

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chrono removed from his file because he alleges that it may impair his eligibility for parole in

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the future.

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Plaintiff’s allegations — even when assumed true and liberally construed in his favor —

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do not state a cognizable claim for relief under Section 1983 because they do not amount to a

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violation of federal law. Deprivations that are authorized by state law may amount to a
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deprivation of a procedurally protected liberty interest, provided that, among other things, the

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deprivation imposes "atypical and significant hardship on the inmate in relation to the ordinary

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incidents of prison life" or "will inevitably affect the duration of [a] sentence." Sandin v.

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Conner, 515 U.S. 477-87 (1995). The possibility that the chrono may affect his eligibility for

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parole in the future is too attenuated to “inevitably” affect the duration of his confinement under

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Sandin. See, e.g., Burnsworth v. Gunderson, 179 F.3d 771, 774 n.3 (9th Cir. 1999) (possibility

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that prisoner having escape conviction on record may result in denial of parole eligibility at

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some later date too attenuated to amount to denial of liberty interest under Sandin).

"atypical and significant" under Sandin. This determination requires consideration of: "1)

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For the Northern District of California

Nor was the plaintiff’s placement in a holding cell was severe enough to amount to

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United States District Court

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whether the challenged condition 'mirrored those conditions imposed upon inmates in

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administrative segregation and protective custody,' and thus comported with the prison's

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discretionary authority; 2) the duration of the condition, and the degree of restraint imposed;

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and 3) whether the state's action will invariably affect the duration of the prisoner’s sentence."

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Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003). Plaintiff’s placement in the cell while he

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was questioned about the alleged sexual altercation is not atypical for prisoners, and although

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he was not allowed clothing, that would mirror conditions of a strip search when officials

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suspect a prisoner of violating prison rules against possession of weapons or other contraband.

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it was for a very limited amount of time of three hours. Plaintiff indicates that he was released

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from the holding cell when his cellmate denied the altercation. Plaintiff’s relatively brief

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placement in the holding cell without clothing is not sufficiently severe to be “atypical and

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significant” under the standard set forth in Sandin. See, e.g., Myron v. Terhune, 476 F.3d 716,

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718-19 (9th Cir. 2007) (classification for California Level IV prison rather than Level III prison

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not shown to be an atypical and significant hardship); Mujahid v. Meyer, 59 F.3d 931, 932 (9th

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Cir. 1995) (under Sandin no liberty interest when inmate placed in disciplinary segregation for

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14 days). As a result, the chrono and holding cell placement was not a deprivation of real

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substance under Sandin so as to implicate a state-created liberty interest protected by due

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process. Accordingly, plaintiff’s claims will be dismissed for failure to state a cognizable basis
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for relief under Section 1983.

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Leave to amend would be futile because it is clear from plaintiff’s allegations that he

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was placed in the holding cell for three hours and that a chrono was placed in his file that he

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cannot prove any set of facts in support of his claim that would state a violation of his

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constitutional rights or other federal law. See Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th

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Cir. 2007) (a pro se complaint may be dismissed for failure to state a claim “where it appears

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

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entitle him to relief”); see also Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en

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banc).
CONCLUSION

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For the Northern District of California

United States District Court

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For the reasons set out above, this action is DISMISSED. The clerk shall close the file
and enter judgment.
IT IS SO ORDERED.
Dated: February 1 , 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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