Corser v. Schreeder et al
Filing
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ORDER OF SERVICE. Signed by Judge William Alsup on 5/4/17. (Attachments: # 1 Certificate/Proof of Service)(dl, COURT STAFF) (Filed on 5/4/2017)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GREG CORSER,
Plaintiff,
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ORDER OF SERVICE
v.
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For the Northern District of California
United States District Court
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No. C 16-7135 WHA (PR)
HANK SCHREEDER; MICHAEL
DATZOLD; IAN H. BERNER;
OFFICER WOODS; M. SPEDIACCI;
JENEANE R. KUCKER,
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Defendants.
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INTRODUCTION
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Plaintiff, an inmate at the Sonoma County Jail, filed this civil rights case under 42
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U.S.C. 1983 against officers and employees of the Santa Rosa Police Department for using
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excessive force during the course of his arrest. He is granted leave to proceed in forma pauperis
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in a separate order. For the reasons discussed below, the complaint is ordered served upon
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defendants.
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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
do. . . . Factual allegations must be enough to raise a right to relief above the speculative
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For the Northern District of California
United States District Court
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level." Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A
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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.
LEGAL CLAIMS
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Plaintiff alleges that after a chase by officers of the Santa Rosa Police Department, he
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got out of his truck, lay down flat on his stomach on the ground with his arms spread and told
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the officers he was not resisting. He alleges that defendant Officer Michael Datzold sicced a
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police dog on plaintiff, and the dog bit plaintiff on the arm and the side. Defendant Officer Ian
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H. Berner stood over him while he was being bit and told him to stop resisting. Defendants
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Officer Woods and Detective M. Spediacci were present and failed to intervene. When liberally
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construed, these allegations state a cognizable claim against defendants Datzold, Berner, Woods
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and Spediacci for using excessive force during plaintiff’s arrest in violation of his Fourth
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Amendment rights.
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The only allegation against defendant Hank Schreeder is that he is the Chief of Police,
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and the only allegation against defendant Jeneane R. Kucker is that she is a supervisor. These
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allegations are not sufficient to state a cognizable claim against them because supervisors are
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not liable for the actions of their subordinates under Section 1983. See Taylor v. List, 880 F.2d
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1040, 1045 (9th Cir. 1989) (there is no respondeat superior liability under Section 1983).
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CONCLUSION
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For the reasons set out above, it is hereby ordered as follows:
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1. The claims against defendants Schreeder and Kucker are DISMISSED.
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2. The clerk shall issue summons and the United States Marshal shall serve, without
prepayment of fees, a copy of the complaint with all attachments thereto, and a copy of this
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For the Northern District of California
United States District Court
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order upon defendants Officer Michael Datzold, Officer Woods, Detective M. Spediacci, and
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Officer Ian H. Berner at the Santa Rosa Police Department. A courtesy copy of the
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complaint with attachments and this order shall also be mailed to the Santa Rosa City
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Attorney’s Office.
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2. Defendants shall file an answer in accordance with the Federal Rules of Civil
Procedure.
3. In order to expedite the resolution of this case:
a. No later than 91 days from the date this order is filed, defendants shall file a
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motion for summary judgment or other dispositive motion. If defendants are of the opinion that
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this case cannot be resolved by summary judgment, he shall so inform the court prior to the date
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the summary judgment motion is due. All papers filed with the court shall be promptly served
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on the plaintiff.
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b. Plaintiff's opposition to the dispositive motion, if any, shall be filed with the
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court and served upon defendant no later than 28 days from the date of service of the motion.
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Plaintiff must read the attached page headed “NOTICE -- WARNING,” which is provided to
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him pursuant to Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc), and
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Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988).
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c. Defendants shall file a reply brief no later than 14 days after the date of
service of the opposition.
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d. The motion shall be deemed submitted as of the date the reply brief is due.
No hearing will be held on the motion unless the court so orders at a later date.
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e. Along with his motion, defendants shall file proof that they served plaintiff
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the Rand warning at the same time they served him with their motion. Failure to do so will
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result in the summary dismissal of their motion.
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defendant’s counsel once counsel has been designated, by mailing a true copy of the document
to defendant or defendant’s counsel.
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For the Northern District of California
United States District Court
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4. All communications by the plaintiff with the court must be served on defendant, or
5. Discovery may be taken in accordance with the Federal Rules of Civil Procedure.
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No further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1 is
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required before the parties may conduct discovery.
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6. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the court
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informed of any change of address and must comply with the court's orders in a timely fashion.
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Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to
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Federal Rule of Civil Procedure 41(b).
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IT IS SO ORDERED.
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Dated: May
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, 2017.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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NOTICE -- WARNING (SUMMARY JUDGMENT)
If defendants move for summary judgment, they are seeking to have your case
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dismissed. A motion for summary judgment under Rule 56 of the Federal Rules of Civil
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Procedure will, if granted, end your case.
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Rule 56 tells you what you must do in order to oppose a motion for summary judgment.
fact--that is, if there is no real dispute about any fact that would affect the result of your case,
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the party who asked for summary judgment is entitled to judgment as a matter of law, which
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will end your case. When a party you are suing makes a motion for summary judgment that is
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properly supported by declarations (or other sworn testimony), you cannot simply rely on what
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For the Northern District of California
Generally, summary judgment must be granted when there is no genuine issue of material
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United States District Court
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your complaint says. Instead, you must set out specific facts in declarations, depositions,
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answers to interrogatories, or authenticated documents, as provided in [current Rule 56(c)], that
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contradict the facts shown in the defendant's declarations and documents and show that there is
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a genuine issue of material fact for trial. If you do not submit your own evidence in opposition,
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summary judgment, if appropriate, may be entered against you. If summary judgment is
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granted, your case will be dismissed and there will be no trial.
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