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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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BOBBY RAY KNIGHT,

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Plaintiff,

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No. C 17-2035 WHA (PR)
ORDER OF SERVICE;
INSTRUCTIONS TO CLERK

v.
MONTEREY COUNTY JAIL;
CAPTAIN JAMES H. BASS; DR.
ELIUD GARCIA,

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Defendants.
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INTRODUCTION

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Plaintiff, an inmate at North Kern State Prison, filed this civil rights case under 42

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U.S.C. 1983 alleging that he fell down stairs while housed at the Monterey County Jail due to

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defendants’ failure provide him adequate medical care and to take adequate safety precautions.

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He is granted leave to proceed in forma pauperis in a separate order. For the reasons discussed

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below, the complaint is ordered served upon defendants James H. Bass and Dr. Eliud Garcia.

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The claims against Monterey County Jail are dismissed.

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

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For the Northern District of California

United States District Court

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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

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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.

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LEGAL CLAIMS
When liberally construed, plaintiff’s allegations state cognizable claims that defendants

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Captain James H. Bass and Dr. Eliud Garcia were deliberately indifferent to plaintiff’s safety

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and medical needs by failing to provide him adequate treatment for his low blood pressure,

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provide safety railings on the stairs to the bathroom or room on the stairs for his walker, in

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violation of his federal constitutional rights.

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Plaintiff also names the Monterey County Jail as a defendant. The Monterey County

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County, and if that is the case, he must allege that his injuries were caused by a policy or

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custom at the jail. See Monell v. Dep't of Social Servs., 436 U.S. 658, 690 (1978); see also

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Board of Cty. Comm'rs. of Bryan Cty. v. Brown, 520 U.S. 397, 403 (1997) (county may not be

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held vicariously liable for the unconstitutional acts of its employees under the theory of

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respondeat superior). To allege a claim against the County of Monterey, plaintiff has to file an

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amended complaint in which he alleges that: (1) his fall down the stairs violated his

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constitutional rights; (2) Monterey County had a policy; (3) this policy amounts to deliberate

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indifference to plaintiff's constitutional rights; and (4) this policy is the moving force behind

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plaintiff’s fall down the stairs. See Plumeau v. School Dist. #40 County of Yamhill, 130 F.3d

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For the Northern District of California

Jail is a building, not a municipal entity. It would appear that plaintiff means to sue Monterey

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United States District Court

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432, 438 (9th Cir. 1997).

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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 Monterey County Jail are DISMISSED.

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2.

The clerk shall issue summons and the United States Marshal shall serve,

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without prepayment of fees, a copy of the complaint with all attachments thereto, and a copy of

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this order upon defendants Captain James H. Bass and Dr. Eliud Garcia at Monterey

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County Jail. A courtesy copy of the complaint with attachments and this order shall also be

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mailed to the Monterey County Counsel’s Office.

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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

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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, they shall so inform the court prior to the

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date the summary judgment motion is due. All papers filed with the court shall be promptly

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served 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 defendants 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.
e. Along with his motion, defendants shall proof that they served plaintiff the

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Rand warning at the same time they served him with their motion. Failure to do so will result in

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the summary dismissal of their motion.

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4. All communications by the plaintiff with the court must be served on defendants, or

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defendants’ counsel once counsel has been designated, by mailing a true copy of the document

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to defendants or defendants’ counsel.

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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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7. If plaintiff wishes to file an amended complaint, as discussed above, he must do so

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within 63 days of the date this order is filed. The amended complaint must include the caption

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used in this order and the civil case number C 17-2035 WHA (PR) and the words FIRST

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AMENDED COMPLAINT on the first page. Because an amended complaint completely

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//

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replaces the original complaint, plaintiff must include in it all the claims he wishes to present.

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See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). He may not incorporate material

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from the original complaint by reference.

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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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For the Northern District of California

United States District Court

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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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