Kight v. Monterry County Jail et al

Filing 7

ORDER OF SERVICE; INSTRUCTIONS TO CLERK. Signed by Judge William Alsup on 5/31/17. (Attachments: # 1 Certificate/Proof of Service)(dl, COURT STAFF) (Filed on 6/1/2017)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 BOBBY RAY KNIGHT, 12 Plaintiff, 13 14 15 No. C 17-2035 WHA (PR) ORDER OF SERVICE; INSTRUCTIONS TO CLERK v. MONTEREY COUNTY JAIL; CAPTAIN JAMES H. BASS; DR. ELIUD GARCIA, 16 Defendants. / 17 18 INTRODUCTION 19 Plaintiff, an inmate at North Kern State Prison, filed this civil rights case under 42 20 U.S.C. 1983 alleging that he fell down stairs while housed at the Monterey County Jail due to 21 defendants’ failure provide him adequate medical care and to take adequate safety precautions. 22 He is granted leave to proceed in forma pauperis in a separate order. For the reasons discussed 23 below, the complaint is ordered served upon defendants James H. Bass and Dr. Eliud Garcia. 24 The claims against Monterey County Jail are dismissed. 25 26 ANALYSIS A. STANDARD OF REVIEW 27 Federal courts must engage in a preliminary screening of cases in which prisoners seek 28 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 1 1915A(a). In its review the court must identify any cognizable claims, and dismiss any claims 2 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 3 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro 4 se pleadings must be liberally construed. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 5 (9th Cir. 1990). 6 Federal Rule of Civil Procedure 8(a)(2) requires only "a short and plain statement of the 7 claim showing that the pleader is entitled to relief." "Specific facts are not necessary; the 8 statement need only '"give the defendant fair notice of what the . . . . claim is and the grounds 9 upon which it rests."'" Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007) (citations omitted). Although in order to state a claim a complaint “does not need detailed factual allegations, . . . a 11 For the Northern District of California United States District Court 10 plaintiff's obligation to provide the 'grounds of his 'entitle[ment] to relief' requires more than 12 labels and conclusions, and a formulaic recitation of the elements of a cause of action will not 13 do. . . . Factual allegations must be enough to raise a right to relief above the speculative 14 level." Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65 (2007) (citations omitted). A 15 complaint must proffer "enough facts to state a claim for relief that is plausible on its face." Id. 16 at 1974. 17 To state a claim under 42 U.S.C. 1983, a plaintiff must allege two essential elements: 18 (1) that a right secured by the Constitution or laws of the United States was violated, and (2) 19 that the alleged deprivation was committed by a person acting under the color of state law. 20 West v. Atkins, 487 U.S. 42, 48 (1988). 21 B. 22 LEGAL CLAIMS When liberally construed, plaintiff’s allegations state cognizable claims that defendants 23 Captain James H. Bass and Dr. Eliud Garcia were deliberately indifferent to plaintiff’s safety 24 and medical needs by failing to provide him adequate treatment for his low blood pressure, 25 provide safety railings on the stairs to the bathroom or room on the stairs for his walker, in 26 violation of his federal constitutional rights. 27 Plaintiff also names the Monterey County Jail as a defendant. The Monterey County 28 2 County, and if that is the case, he must allege that his injuries were caused by a policy or 3 custom at the jail. See Monell v. Dep't of Social Servs., 436 U.S. 658, 690 (1978); see also 4 Board of Cty. Comm'rs. of Bryan Cty. v. Brown, 520 U.S. 397, 403 (1997) (county may not be 5 held vicariously liable for the unconstitutional acts of its employees under the theory of 6 respondeat superior). To allege a claim against the County of Monterey, plaintiff has to file an 7 amended complaint in which he alleges that: (1) his fall down the stairs violated his 8 constitutional rights; (2) Monterey County had a policy; (3) this policy amounts to deliberate 9 indifference to plaintiff's constitutional rights; and (4) this policy is the moving force behind 10 plaintiff’s fall down the stairs. See Plumeau v. School Dist. #40 County of Yamhill, 130 F.3d 11 For the Northern District of California Jail is a building, not a municipal entity. It would appear that plaintiff means to sue Monterey 2 United States District Court 1 432, 438 (9th Cir. 1997). 12 CONCLUSION 13 For the reasons set out above, it is hereby ordered as follows: 14 1. The claims against Monterey County Jail are DISMISSED. 15 2. The clerk shall issue summons and the United States Marshal shall serve, 16 without prepayment of fees, a copy of the complaint with all attachments thereto, and a copy of 17 this order upon defendants Captain James H. Bass and Dr. Eliud Garcia at Monterey 18 County Jail. A courtesy copy of the complaint with attachments and this order shall also be 19 mailed to the Monterey County Counsel’s Office. 20 21 22 23 3. Defendants shall file an answer in accordance with the Federal Rules of Civil Procedure. 4. 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 24 motion for summary judgment or other dispositive motion. If defendants are of the opinion that 25 this case cannot be resolved by summary judgment, they shall so inform the court prior to the 26 date the summary judgment motion is due. All papers filed with the court shall be promptly 27 served on the plaintiff. 28 3 1 b. Plaintiff's opposition to the dispositive motion, if any, shall be filed with the 2 court and served upon defendants no later than 28 days from the date of service of the motion. 3 Plaintiff must read the attached page headed “NOTICE -- WARNING,” which is provided to 4 him pursuant to Rand v. Rowland, 154 F.3d 952, 953-954 (9th Cir. 1998) (en banc), and 5 Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir. 1988). 6 7 c. Defendants shall file a reply brief no later than 14 days after the date of service of the opposition. 8 9 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. e. Along with his motion, defendants shall proof that they served plaintiff the 11 For the Northern District of California United States District Court 10 Rand warning at the same time they served him with their motion. Failure to do so will result in 12 the summary dismissal of their motion. 13 4. All communications by the plaintiff with the court must be served on defendants, or 14 defendants’ counsel once counsel has been designated, by mailing a true copy of the document 15 to defendants or defendants’ counsel. 16 5. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. 17 No further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1 is 18 required before the parties may conduct discovery. 19 6. It is the plaintiff's responsibility to prosecute this case. Plaintiff must keep the court 20 informed of any change of address and must comply with the court's orders in a timely fashion. 21 Failure to do so may result in the dismissal of this action for failure to prosecute pursuant to 22 Federal Rule of Civil Procedure 41(b). 23 7. If plaintiff wishes to file an amended complaint, as discussed above, he must do so 24 within 63 days of the date this order is filed. The amended complaint must include the caption 25 used in this order and the civil case number C 17-2035 WHA (PR) and the words FIRST 26 AMENDED COMPLAINT on the first page. Because an amended complaint completely 27 // 28 4 1 // 2 replaces the original complaint, plaintiff must include in it all the claims he wishes to present. 3 See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). He may not incorporate material 4 from the original complaint by reference. 5 IT IS SO ORDERED. 6 Dated: May 7 31 , 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 1 2 NOTICE -- WARNING (SUMMARY JUDGMENT) If defendants move for summary judgment, they are seeking to have your case 3 dismissed. A motion for summary judgment under Rule 56 of the Federal Rules of Civil 4 Procedure will, if granted, end your case. 5 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, 8 the party who asked for summary judgment is entitled to judgment as a matter of law, which 9 will end your case. When a party you are suing makes a motion for summary judgment that is 10 properly supported by declarations (or other sworn testimony), you cannot simply rely on what 11 For the Northern District of California Generally, summary judgment must be granted when there is no genuine issue of material 7 United States District Court 6 your complaint says. Instead, you must set out specific facts in declarations, depositions, 12 answers to interrogatories, or authenticated documents, as provided in [current Rule 56(c)], that 13 contradict the facts shown in the defendant's declarations and documents and show that there is 14 a genuine issue of material fact for trial. If you do not submit your own evidence in opposition, 15 summary judgment, if appropriate, may be entered against you. If summary judgment is 16 granted, your case will be dismissed and there will be no trial. 17 18 19 20 21 22 23 24 25 26 27 28 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?