Walker v. Dyer

Filing 5

ORDER OF DISMISSAL WITH LEAVE TO AMEND. Signed by Judge Yvonne Gonzalez Rogers on 1/11/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/11/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROGER LEE WALKER,

Case No. 16-cv-04988-YGR (PR)

Plaintiff,
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ORDER OF DISMISSAL WITH LEAVE
TO AMEND

v.
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FORMER SHERIFF GLENN E. DYER,
et al.,

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Defendants.

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I.

INTRODUCTION
Plaintiff, who is currently in custody at the Coalinga State Hospital, is a civil detainee

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United States District Court
Northern District of California

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under California’s “Sexually Violent Predators Act,” California Welfare & Institutions Code

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§ 6600 et seq. In 2014 and 2016, Plaintiff was housed at the Santa Rita Jail for a “period of

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several months while awaiting court proceedings.” Dkt. 1 at 3. Plaintiff has filed this pro se civil

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rights complaint alleging that his constitutional rights were violated by former Sheriff Glenn E.

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Dyer1 and several unnamed deputies who worked at “Unit 3” at Santa Rita Jail (“SRJ”) during his

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incarceration there on unspecified dates in 2014 and 2016. Plaintiff claims that he was “placed in

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administrative segregation each time and treated harshly and punitively for no other reason that

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being a civil detainee under the 6600 law.” Id.

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Plaintiff’s complaint is now before the Court for review pursuant to 28 U.S.C. §1915,

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along with his motion for leave to proceed in forma pauperis, which will be granted in a separate

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Order. Plaintiff seeks monetary damages as well as injunctive relief.

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Venue is proper because the events giving rise to Plaintiff’s claims are alleged to have
occurred at SRJ, which is located in this judicial district. See 28 U.S.C. § 1391(b).
For the reasons set forth below, the Court DISMISSES the complaint with leave to amend
to correct certain deficiencies addressed below.

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The Court notes that the former Sheriff Dyer passed away in 1999, and the current
Alameda County Sheriff is Gregory J. Ahern.

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II.

DISCUSSION
A.

Standard of Review

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 se
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pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th

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Cir. 1990).
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Liability may be imposed on an individual defendant under section 1983 if the plaintiff can
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show that the defendant proximately caused the deprivation of a federally protected right. See
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United States District Court
Northern District of California

Leer v. Murphy, 844 F.2d 628, 634 (9th Cir. 1988); Harris v. City of Roseburg, 664 F.2d 1121,
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1125 (9th Cir. 1981). A person deprives another of a constitutional right within the meaning of
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section 1983 if he does an affirmative act, participates in another’s affirmative act or omits to

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perform an act which he is legally required to do, that causes the deprivation of which the plaintiff
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complains. Leer, 844 F.2d at 633; Robins v. Meecham, 60 F.3d 1436, 1442 (9th Cir. 1995). To
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state a claim a plaintiff must show a specific constitutional or federal guarantee safeguarding the
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interests that have been invaded. See Paul v. Davis, 424 U.S. 693, 697 (1976).
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Although a plaintiff is not required to plead “specific factual details not ascertainable in
advance of discovery,” Gibson v. United States, 781 F.2d 1334, 1340 (9th Cir. 1986), he does not

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state a claim under 42 U.S.C. § 1983 if the allegations in the complaint are mere conclusions,
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Kennedy v. H & M Landing, Inc., 529 F.2d 987, 989 (9th Cir. 1976); Fisher v. Flynn, 598 F.2d
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663, 665 (1st Cir. 1979). A complaint must contain sufficient allegations to put defendants fairly
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on notice of the claims against them. McKeever v. Block, 932 F.2d 795, 798 (9th Cir. 1991). A
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complaint that fails to state the specific acts of the defendant which violated the plaintiff’s rights

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fails to meet the notice requirements of Federal Rule of Civil Procedure 8(a). Hutchinson v.
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United States, 677 F.2d 1322, 1328 n.5 (9th Cir. 1982).
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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, 551 U.S. 89, 93 (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, 550 U.S. 544, 554-55 (2007) (citations omitted). A complaint must

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proffer “enough facts to state a claim to relief that is plausible on its face.” Id. at 570.
B.

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United States District Court
Northern District of California

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As mentioned above, Plaintiff is a civil detainee who is no longer housed at SRJ. He

Legal Claims

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complains of constitutional violations that stem from his incarceration at SRJ during unknown

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dates in 2014 and 2016. In his one-paragraph “Statement of Claim” section, Plaintiff alleges that

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he was “placed in administrative segregation each time and treated harshly and punitively for no

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other reason that being a civil detainee under the 6600 law.” Dkt. 1 at 3. While Plaintiff names

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former Sheriff Dyer, the Court notes above that this individual passed away in 1999. Moreover,

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Plaintiff provides insufficient facts, e.g., name of the deputies as well as specific dates of the

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alleged negative treatment to support these vague and general allegations. Accordingly, this Court

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has no choice but to dismiss the complaint with leave to amend.

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Plaintiff’s pleading is too short on facts for the Court to determine whether any of his

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constitutional rights may have been violated. Plaintiff will be given leave to amend so that he may

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attempt to allege facts showing how his constitutional rights have been violated. Also, for each

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instance of a constitutional violation, he should name each person who violated his constitutional

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rights, describe what each person did to violate his rights, state where the violation occurred, and

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when certain violations occurred, i.e., indicate the exact dates of the alleged negative treatment in

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administrative segregation. In his amended complaint, Plaintiff must provide a more detailed

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description of his claims in order for the Court to determine whether enough is alleged to find the

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pleading adequate to state a claim for relief and require a response from Defendants.
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Accordingly, the Court finds that the Plaintiff’s allegations fail to state a claim, and this

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complaint will be dismissed with leave to amend to give him an opportunity to cure the

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aforementioned deficiencies.

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III.

CONCLUSION

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For the foregoing reasons, the Court orders as follows:

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1.

The complaint is DISMISSED WITH LEAVE TO AMEND, as indicated above,

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within twenty-eight (28) days of the date this Order is filed. The amended complaint must

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include the caption and civil case number used in this Order (C 16-4988 YGR (PR)) and the words

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“AMENDED COMPLAINT” on the first page. Because an amended complaint completely
replaces the prior pleadings, Plaintiff may not incorporate material from the prior pleadings by

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United States District Court
Northern District of California

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reference but must include in the amended complaint all the claims and allegations he wishes to

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present. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Failure to amend within

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the designated time and in accordance with this Order will result in the dismissal of this

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action.

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2.

It is 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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Pursuant to Northern District Local Rule 3-11 a party proceeding pro se whose address changes

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while an action is pending must promptly file a notice of change of address specifying the new

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address. See L.R. 3-11(a). The Court may dismiss without prejudice a complaint when: (1) mail

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directed to the pro se party by the Court has been returned to the Court as not deliverable, and

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(2) the Court fails to receive within sixty days of this return a written communication from the pro

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se party indicating a current address. See L.R. 3-11(b).

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3.

The Clerk of the Court shall send Plaintiff a blank civil rights complaint form along

with his copy of this Order.
IT IS SO ORDERED.
Dated: January 11, 2017

______________________________________
YVONNE GONZALEZ ROGERS
United States District Judge

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