Williams v. Muniz et al

Filing 22

ORDER OF SERVICE. Dispositive Motion due by 1/3/2018. Signed by Judge Jon S. Tigar on October 4, 2017. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 10/4/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WINSTON WILLIAMS,
Plaintiff,

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WILLIAM L. MUNIZ, et al.,
Defendants.

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United States District Court
Northern District of California

ORDER OF SERVICE

v.

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Case No. 17-cv-00098-JST (PR)

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INTRODUCTION

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Plaintiff, an inmate at Salinas Valley State Prison (“SVSP”), filed this pro se civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff’s original complaint and first amended complaint

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were dismissed with leave to amend and he has filed a second amended complaint (“SAC”), which

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is now before the Court for review pursuant to 28 U.S.C. § 1915A.
DISCUSSION

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A.

Standard of Review
A federal court must conduct a preliminary screening in any case in which a prisoner seeks

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redress from a governmental entity or officer or employee of a governmental entity. See 28

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

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claims that 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. See 28 U.S.C. § 1915A(b)(1),

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(2). Pro se pleadings must, however, be liberally construed. See Balistreri v. Pacifica Police

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Dep’t., 901 F.2d 696, 699 (9th Cir. 1988).

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

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which it rests.’” Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted). Although

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

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obligation to provide the grounds of his ‘entitle[ment] to relief’ requires more than labels and

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

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Factual allegations must be enough to raise a right to relief above the speculative level.” Bell

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Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A complaint

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must proffer “enough facts to state a claim for relief that is plausible on its face.” Id. at 1974.
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) that

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United States District Court
Northern District of California

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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).

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B.

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Legal Claims
Plaintiff alleges that defendants failed to provide adequate medical care for his shoulder

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injury, which included a torn rotator cuff and joint arthritis. The injury caused him progressively

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worsening pain and prevented him from using his shoulder in a normal fashion. When liberally

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construed, the allegations state a cognizable claim that medical staff defendants L. Gamboa, J.

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Chudy, P. Chang, and K. Kumar were deliberately indifferent to plaintiff’s serious medical needs,

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in violation of the Eighth Amendment.

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Plaintiff also asserts a supervisory liability claim against SVSP warden William Muniz.

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There is no respondeat superior liability under section 1983. Taylor v. List, 880 F.2d 1040, 1045

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(9th Cir. 1989). Under section 1983, liability may be imposed on an individual defendant only if

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the plaintiff can show that the defendant proximately caused the deprivation of a federally

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protected right. See Leer v. Murphy, 844 F.2d 628, 634 (9th Cir. 1988). A supervisor may be

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liable under § 1983 only upon a showing of (1) personal involvement in the constitutional

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deprivation or (2) a sufficient causal connection between the supervisor’s wrongful conduct and

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the constitutional violation. See Redman v. Cty. of San Diego, 942 F.2d 1435, 1446 (9th Cir.

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1991), abrogated on other grounds by Farmer v. Brennan, 511 U.S. 825 (1994). In other words, a
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supervisor is only liable for constitutional violations of his subordinates if the supervisor

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participated in or directed the violations, or knew of the violations and failed to act to prevent

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them. Taylor, 880 F.2d at 1045. Plaintiff has failed to provide factual allegations regarding

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Warden Muniz’s involvement in the deprivation of his constitutional rights that are sufficient to

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raise a right to relief above the speculative level. Bell Atlantic Corp., 550 U.S. at 555. Plaintiff’s

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claim against defendant Muniz is therefore DISMISSED. Dismissal is without leave to amend

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because plaintiff has been given an opportunity to amend this claim and it appears that further

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amendment would be futile.
CONCLUSION

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For the foregoing reasons,

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United States District Court
Northern District of California

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1.

Plaintiff’s SAC states a cognizable Eighth Amendment claim for deliberate

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indifference to serious medical needs as against L. Gamboa, J. Chudy, P. Chang, and K. Kumar.

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The Clerk shall terminate William Muniz as a defendant from the docket in this action.
2.

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The Clerk shall issue summons and the United States Marshal shall serve, without

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prepayment of fees, a copy of the SAC (ECF No. 20), and a copy of this order upon Dr. L.

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Gamboa, Dr. J. Chudy, Dr. P. Chang, and K. Kumar (Chief Medical Executive) at Salinas Valley

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State Prison. The Clerk shall also mail a courtesy copy of the SAC and this order to the

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California Attorney General’s Office.
3.

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In order to expedite the resolution of this case, the Court orders as follows:
a.

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No later than 91 days from the date this order is filed, defendants must file

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and serve a motion for summary judgment or other dispositive motion. A motion for summary

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judgment also must be accompanied by a Rand notice so that plaintiff will have fair, timely and

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adequate notice of what is required of him in order to oppose the motion. Woods v. Carey, 684

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F.3d 934, 939 (9th Cir. 2012) (notice requirement set out in Rand v. Rowland, 154 F.3d 952 (9th

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Cir. 1998), must be served concurrently with motion for summary judgment).1

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If defendants assert that plaintiff failed to exhaust his available administrative remedies as
required by 42 U.S.C. § 1997e(a), defendants must raise such argument in a motion for summary
judgment, pursuant to the Ninth Circuit’s opinion in Albino v. Baca, 747 F.3d 1162 (9th Cir.
2014) (en banc) (overruling Wyatt v. Terhune, 315 F.3d 1108, 1119 (9th Cir. 2003), which held
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If defendants are of the opinion that this case cannot be resolved by summary judgment,
defendants must so inform the Court prior to the date the motion is due.
b.

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Plaintiff’s opposition to the summary judgment or other dispositive motion

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must be filed with the Court and served upon defendants no later than 28 days from the date the

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motion is filed. Plaintiff must bear in mind the notice and warning regarding summary judgment

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provided later in this order as he prepares his opposition to any motion for summary judgment.
c.

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Defendants shall file a reply brief no later than 14 days after the date the

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opposition is filed. The motion shall be deemed submitted as of the date the reply brief is due. No

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hearing will be held on the motion.

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4.

Plaintiff is advised that a motion for summary judgment under Rule 56 of the

United States District Court
Northern District of California

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Federal Rules of Civil Procedure will, if granted, end your case. Rule 56 tells you what you must

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do in order to oppose a motion for summary judgment. Generally, summary judgment must be

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granted when there is no genuine issue of material fact – that is, if there is no real dispute about

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any fact that would affect the result of your case, the party who asked for summary judgment is

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entitled to judgment as a matter of law, which will end your case. When a party you are suing

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makes a motion for summary judgment that is properly supported by declarations (or other sworn

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testimony), you cannot simply rely on what your complaint says. Instead, you must set out

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specific facts in declarations, depositions, answers to interrogatories, or authenticated documents,

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as provided in Rule 56(e), that contradict the facts shown in the defendants’ declarations and

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documents and show that there is a genuine issue of material fact for trial. If you do not submit

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your own evidence in opposition, summary judgment, if appropriate, may be entered against you.

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If summary judgment is granted, your case will be dismissed and there will be no trial. Rand v.

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Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc) (App. A).

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(The Rand notice above does not excuse defendants’ obligation to serve said notice again
concurrently with a motion for summary judgment. Woods, 684 F.3d at 939).

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that failure to exhaust available administrative remedies under the Prison Litigation Reform Act,
should be raised by a defendant as an unenumerated Rule 12(b) motion). Such a motion should
also incorporate a modified Wyatt notice in light of Albino. See Wyatt v. Terhune, 315 F.3d
1108, 1120, n.14 (9th Cir. 2003); Stratton v. Buck, 697 F.3d 1004, 1008 (9th Cir. 2012).
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All communications by plaintiff with the Court must be served on defendants’

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counsel by mailing a true copy of the document to defendants’ counsel. The Court may disregard

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any document which a party files but fails to send a copy of to his opponents. Until defendants’

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counsel has been designated, plaintiff may mail a true copy of the document directly to

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defendants, but once defendants are represented by counsel, all documents must be mailed to

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counsel rather than directly to defendants.

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6.

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 is required

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before the parties may conduct discovery.

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7.

Plaintiff is responsible for prosecuting this case. Plaintiff must promptly keep the

United States District Court
Northern District of California

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Court informed of any change of address and must comply with the Court’s orders in a timely

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fashion. Failure to do so may result in the dismissal of this action for failure to prosecute pursuant

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to Federal Rule of Civil Procedure 41(b). Plaintiff must file a notice of change of address in every

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pending case every time he is moved to a new facility.

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Any motion for an extension of time must be filed no later than the deadline sought

to be extended and must be accompanied by a showing of good cause.
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Plaintiff is cautioned that he must include the case name and case number for this

case on any document he submits to the Court for consideration in this case.
IT IS SO ORDERED.
Dated: October 4, 2017

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JON S. TIGAR
United States District Judge

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