Anderson v. County Board of Supervisors for Contra Costa Jail et al

Filing 6

ORDER DISMISSING CASE WITH LEAVE TO AMEND. Signed by Judge Lucy H. Koh on 4/10/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 4/11/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TROY J. ANDERSON,

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Plaintiff,

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v.
COUNTY BOARD OF SUPERVISORS
FOR CONTRA COSTA JAIL, et al.,

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Defendants.
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No. C 13-0307 LHK (PR)
ORDER DISMISSING CASE
WITH LEAVE TO AMEND

Plaintiff, a pre-trial detainee proceeding pro se, filed a civil rights complaint pursuant to

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42 U.S.C. § 1983. Plaintiff is granted leave to proceed in forma pauperis in a separate order.

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For the reasons stated below, the Court dismisses the complaint with leave to amend.

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

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

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

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any claims that are frivolous, malicious, fail to state a claim upon which relief may be granted or

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seek monetary relief from a defendant who is immune from such relief. See id. § 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).
Order of Dismissal with Leave to Amend
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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) that

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the alleged deprivation was committed by a person acting under the color of state law. West v.

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Atkins, 487 U.S. 42, 48 (1988).

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B.

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Plaintiff’s Claims
Plaintiff’s complaint appears to be a list of general complaints that Plaintiff has had since

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being transferred from a minimum security housing in January 2011 to administrative

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segregation at Martinez Detention Facility. It is not clear what, if any, cognizable claims

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Plaintiff is asserting. As best the Court can tell, Plaintiff alleges that his housing was in error,

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that his medical needs were not met, and that he was retaliated against, among other things.
The complaint has several deficiencies that require an amended complaint to be filed.

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First, the complaint includes several claims that do not appear to be properly joined. In his

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amended complaint, Plaintiff may only allege claims that (a) arise out of the same transaction,

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occurrence, or series of transactions or occurrences and (b) present questions of law or fact

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common to all defendants named therein. The bottom line is that Plaintiff cannot complain in his

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amended complaint about unrelated incidents during his imprisonment. He must choose what

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claims he wants to pursue that meet the joinder requirements; if he asserts improperly joined

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claims in his amended complaint, they will be dismissed.

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Moreover, Plaintiff is reminded that Section 1983 does not impose liability for violations

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of duties of care arising out of state tort law. See DeShaney v. Winnebago County Social Servs.

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Dep’t, 489 U.S. 189, 201-03 (1989); Baker v. McCollan, 443 U.S. 137, 146 (1979) (without

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more, there is no action for false imprisonment). The Due Process Clause is not implicated by a

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state official’s negligent act causing unintended loss or injury to life, liberty, or property. See

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Daniels v. Williams, 474 U.S. 327 (1986). To state a claim for relief, therefore, Plaintiff must

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show a specific constitutional or federal guarantee safeguarding the interests that have been

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invaded. See Paul v. Davis, 424 U.S. 693, 697 (1976). To the extent Plaintiff’s complaint raises

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violations of state law, those claims are DISMISSED without leave to amend.

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In addition, the complaint does not comply with the requirement that the averments be
Order of Dismissal with Leave to Amend
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“simple, concise, and direct.” Federal Rule of Civil Procedure 8(a) requires that the complaint

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set forth “a short and plain statement of the claim showing that the pleader is entitled to relief.”

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“While a complaint . . . does not need detailed factual allegations, . . . a plaintiff’s obligation to

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

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

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

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Corp. v. Twombly, 550 U.S. 544, 553-56, (2007) (citations omitted). A complaint should be

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dismissed if it does not proffer “enough facts to state a claim for relief that is plausible on its

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face.” Id. at 570. In sum, Plaintiff should specifically state what happened, when it happened,

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what each Defendant did, and how those actions or inactions rise to the level of a federal

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constitutional violation. Without this basic information, the Plaintiff’s case must be dismissed.

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The amended complaint need not be long. In fact, a brief and clear statement with regard to each

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claim listing each Defendant’s actions regarding that claim is preferable. Accordingly, the

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complaint is DISMISSED WITH LEAVE TO AMEND. Plaintiff will be provided with thirty

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days in which to amend to correct the deficiencies in his complaint if he can do so in good faith.

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Plaintiff is also advised that, if he is being held on pending criminal charges, any civil

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rights claims which might “impugn an anticipated future conviction cannot be brought until

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conviction occurs and is set aside.” Wallace v. Kato, 549 U.S. 384, 393 (2007). In other words,

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if Plaintiff files a § 1983 claim related to rulings that likely will be made in a pending or

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anticipated criminal trial, it is within the power of the district court, and accords with common

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practice, to stay the civil action until the criminal case or the likelihood of a criminal case is

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ended. Id. at 393-94.
CONCLUSION

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For the foregoing reasons, the court hereby orders as follows:

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1.

Plaintiff’s complaint is DISMISSED with leave to amend.

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2.

If Plaintiff can cure the pleading deficiencies described above, he shall file an

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AMENDED COMPLAINT within thirty days from the date this order is filed. The amended

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complaint must include the caption and civil case number used in this order (C 13-0307 LHK
Order of Dismissal with Leave to Amend
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(PR)) and the words AMENDED COMPLAINT on the first page. The amended complaint must

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indicate which specific, named Defendant(s) was involved in each cause of action, what each

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Defendant did, what effect this had on Plaintiff and what right Plaintiff alleges was violated.

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Plaintiff may not incorporate material from the prior complaint by reference. If Plaintiff files an

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amended complaint, he must allege, in good faith, facts - not merely conclusions of law - that

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demonstrate that he is entitled to relief under the applicable federal statutes. Failure to file an

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amended complaint within thirty days and in accordance with this order will result in a

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finding that further leave to amend would be futile and this action will be dismissed.

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3.

Plaintiff is advised that an amended complaint supersedes the original complaint.

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“[A] plaintiff waives all causes of action alleged in the original complaint which are not alleged

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in the amended complaint.” London v. Coopers & Lybrand, 644 F.2d 811, 814 (9th Cir. 1981).

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Defendants not named in an amended complaint are no longer defendants. See Ferdik v.

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Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992).

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4.

It is the Plaintiff’s responsibility to prosecute this case. Plaintiff must keep the

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Court informed of any change of address by filing a separate paper with the Clerk headed

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“Notice of 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:

4/10/13
LUCY H. KOH
United States District Judge

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Order of Dismissal with Leave to Amend
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