Jackson v. California Correctional Health Care Services

Filing 6

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 1/3/2017. (Attachments: # 1 Certificate/Proof of Service)(tlS, COURT STAFF) (Filed on 1/3/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANDRE JACKSON, Case No. 16-cv-6410-TEH Plaintiff, 8 v. ORDER OF DISMISSAL 9 CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, 11 United States District Court Northern District of California 10 Defendant. 12 13 Plaintiff, an inmate at Correctional Training Facility, 14 filed this pro se civil rights action under 42 U.S.C. § 1983. 15 The original complaint was dismissed with leave to amend and 16 Plaintiff has filed an amended complaint. 17 I 18 Federal courts must engage in a preliminary screening of 19 cases in which prisoners seek redress from a governmental entity 20 or officer or employee of a governmental entity. 21 1915A(a). 22 the complaint, or any portion of the complaint, if the complaint 23 “is frivolous, malicious, or fails to state a claim upon which 24 relief may be granted,” or “seeks monetary relief from a 25 defendant who is immune from such relief.” 26 Pleadings filed by pro se litigants, however, must be liberally 27 construed. 28 Balistreri v. Pacifica Police Dep’t., 901 F.2d 696, 699 (9th Cir. 28 U.S.C. § The Court must identify cognizable claims or dismiss Id. § 1915A(b). Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010); 1 2 1990). To state a claim under 42 U.S.C. § 1983, a plaintiff must 3 allege two essential elements: 4 Constitution or laws of the United States was violated, and (2) 5 that the alleged violation was committed by a person acting under 6 the color of state law. 7 8 9 (1) that a right secured by the West v. Atkins, 487 U.S. 42, 48 (1988). II Plaintiff states that he was notified of a potential breach regarding his personal health information. A laptop computer that may have included Plaintiff’s health information was stolen 11 United States District Court Northern District of California 10 out of a car of a prison health care worker. 12 password protected but was not encrypted. 13 damages and the identity of the health care worker who had the 14 computer stolen. 15 The computer was Plaintiff seeks money Plaintiff has failed to state a cognizable claim because he 16 has failed to identify a right secured by the Constitution or 17 laws of the United States that was violated. 18 Plaintiff is asserting a violation of his health privacy; he is 19 not entitled to relief. 20 Accountability Act of `1996 (“HIPAA”), Pub. L. 104-191, 110 Stat. 21 1936 (codified as amended in scattered sections of 42 U.S.C.) 22 “provides for no private right of action.” 23 Document Solutions, 499 F.3d 1078, 1080 (9th Cir. 2007); see, 24 e.g., Seaton v. Mayberg, 610 F.3d 530, 533 (9th Cir. 2010) 25 (citing Webb and dismissing prisoner's claim under HIPAA for 26 disclosure of his medical records). 27 potential release of his medical information due to theft 28 violated his constitutionally-protected privacy rights fails to To the extent The Health Insurance Protability and 2 Webb v. Smart Plaintiff assertion that 1 state a claim because “prisoners do not have a constitutionally 2 protected expectation of privacy in prison treatment records when 3 the state has a legitimate penological interest in access to 4 them.” 5 with leave to amend to address the legal standards set forth 6 above. 7 original complaint and Plaintiff has failed to demonstrate a 8 cognizable claim. 9 futile this case is dismissed with prejudice. Seaton, 610 F.3d at 534. The amended complaint is substantially similar to the Because allowing further amendment would be 10 United States District Court Northern District of California 11 12 13 14 The complaint was dismissed III For the foregoing reasons, the Court hereby orders as follows: 1. Plaintiff’s complaint is DISMISSED with prejudice for failure to state a claim. 15 2. 16 IT IS SO ORDERED. 17 The Clerk shall close this case. Dated: 1/3/2017 18 ________________________ THELTON E. HENDERSON United States District Judge 19 20 G:\PRO-SE\TEH\CR.16\Jackson6410.dis.docx 21 22 23 24 25 26 27 28 3

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