Pagaling v. Napa State Hospital

Filing 13

ORDER OF DISMISSAL WITH LEAVE TO AMEND. Signed by Judge Beth Labson Freeman on 5/18/2023. Amended Complaint due by 6/14/2023. (Attachments: # 1 Certificate/Proof of Service)(tsh, COURT STAFF) (Filed on 5/18/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 5:22-cv-05277-BLF Document 13 Filed 05/18/23 Page 1 of 5

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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MICHAEL JOSEPH PAGALING,
Plaintiff,

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ORDER OF DISMISSAL WITH
LEAVE TO AMEND

v.

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Case No. 22-cv-05277 BLF

NAPA STATE HOSPITAL,
Defendants.

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Plaintiff, a state prisoner, filed a civil rights complaint against the Napa State

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Hospital (“NSH”), where he is currently confined. Dkt. No. 1. The matter was dismissed

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for Plaintiff’s failure to file a motion for leave to proceed in forma pauperis (“IFP”) in

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response to the Clerk’s notice; judgment was entered the same day. Dkt. Nos. 3, 4. The

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matter was reopened after the Court found good cause in several post judgment filings by

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Plaintiff. Dkt. No. 8. Plaintiff filed an IFP motion which will be addressed in a separate

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order. Dkt. No. 10.

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Case 5:22-cv-05277-BLF Document 13 Filed 05/18/23 Page 2 of 5

DISCUSSION

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A.

A federal court must conduct a preliminary screening in any case in which a

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prisoner seeks redress from a governmental entity or officer or employee of a

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governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any

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cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim

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upon which relief may be granted or seek monetary relief from a defendant who is immune

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from such relief. See id. § 1915A(b)(1),(2). Pro se pleadings must, however, be liberally

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construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1988).
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential

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United States District Court
Northern District of California

Standard of Review

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elements: (1) that a right secured by the Constitution or laws of the United States was

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violated, and (2) that the alleged violation was committed by a person acting under the

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color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988).

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B.

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Plaintiff’s Claims
Plaintiff claims that he and his “peers and staff” suffered from September 1-10,

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2022, due to extreme heat in Unit T-7 where there was no air-conditioning. Dkt. No. 1 at

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3. Plaintiff claims that other units in NSH have air conditioning but not Unit T-7. Id.

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Plaintiff claims that it got as hot as 114 degrees, and they “could have cooked an egg on

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our beds.” Id. Plaintiff alleges that these conditions amounted to cruel and unusual

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punishment, and that he suffered mental stress, feeling repressed, depression, and extreme

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headaches. Id.

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The Constitution does not mandate comfortable prisons, but neither does it permit

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inhumane ones. See Farmer v. Brennan, 511 U.S. 825, 832 (1994). The treatment a

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prisoner receives in prison and the conditions under which he is confined are subject to

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scrutiny under the Eighth Amendment. See Helling v. McKinney, 509 U.S. 25, 31 (1993).

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The Eighth Amendment imposes duties on these officials, who must provide all prisoners

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Case 5:22-cv-05277-BLF Document 13 Filed 05/18/23 Page 3 of 5

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with the basic necessities of life such as food, clothing, shelter, sanitation, medical care

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and personal safety. See Farmer, 511 U.S. at 832; DeShaney v. Winnebago County Dep't

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of Social Servs., 489 U.S. 189, 199-200 (1989). A prison official violates the Eighth

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Amendment when two requirements are met: (1) the deprivation alleged must be,

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objectively, sufficiently serious, Farmer, 511 U.S. at 834 (citing Wilson v. Seiter, 501 U.S.

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294, 298 (1991)), and (2) the prison official possesses a sufficiently culpable state of mind,

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id. (citing Wilson, 501 U.S. at 297).

United States District Court
Northern District of California

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A prison official is deliberately indifferent if he or she knows that a prisoner faces a

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substantial risk of serious harm and disregards that risk by failing to take reasonable steps

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to abate it. Farmer, 511 U.S. at 837. The prison official must not only “be aware of facts

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from which the inference could be drawn that a substantial risk of serious harm exists,” but

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“must also draw the inference.” Id. If a prison official should have been aware of the risk,

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but did not actually know, the official has not violated the Eighth Amendment, no matter

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how severe the risk. Gibson v. County of Washoe, 290 F.3d 1175, 1188 (9th Cir. 2002).

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The allegations are insufficient to state a cognizable Eighth Amendment claim.

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First of all, it is unclear whether Unit T-7 did not have any air-conditioning by design or

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because it was temporarily malfunctioning. Plaintiff’s allegation that he suffered for a

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temporary period of 10 days indicates it was more likely the latter. Plaintiff should clarify

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this detail in an amended complaint.

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If the lack of air-conditioning was due to a temporary malfunction in the unit rather

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than an architectural design, the allegations are insufficient to satisfy the second element,

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i.e., that a prison official possessed a sufficiently culpable state of mind. Plaintiff names

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only the NSH as a defendant but makes no specific allegations against the Hospital in his

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brief statement of facts. Dkt. No. 1 at 3. Furthermore, Plaintiff does not identify any

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specific NSH employee or staff member who knew Plaintiff faced a substantial risk of

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serious harm due to the extreme heat and disregarded that risk by failing to take reasonable

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Case 5:22-cv-05277-BLF Document 13 Filed 05/18/23 Page 4 of 5

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steps to abate it. Farmer, 511 U.S. at 837. Without any facts establishing that a specific

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state actor violated Plaintiff’s Eighth Amendment rights, Plaintiff cannot state a claim

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under § 1983. At most, Plaintiff may have a claim for negligence, but neither negligence

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nor gross negligence is actionable under § 1983 in the prison context. See Farmer, 511

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U.S. at 835-36 & n.4; Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990) (gross

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negligence insufficient to state claim for denial of medical needs to prisoner). Plaintiff

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shall be granted leave to file an amended complaint to attempt to allege sufficient facts to

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state an Eighth Amendment claim.

United States District Court
Northern District of California

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In preparing an amended complaint, Plaintiff should keep the following principles

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in mind. Liability may be imposed on an individual defendant under § 1983 only if

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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); Harris v. City of

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Roseburg, 664 F.2d 1121, 1125 (9th Cir. 1981). A person deprives another of a

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constitutional right within the meaning of section 1983 if he does an affirmative act,

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participates in another’s affirmative act or omits to perform an act which he is legally

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required to do, that causes the deprivation of which the plaintiff complains. See Leer, 844

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F.2d at 633.

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CONCLUSION

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For the reasons state above, the Court orders as follows:

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1.

The complaint is DISMISSED with leave to amend. Within twenty-eight

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(28) days from the date this order is filed, Plaintiff shall file an amended complaint using

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the court’s form complaint to correct the deficiencies described above. The amended

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complaint must include the caption and civil case number used in this order, i.e., Case No.

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C 22-cv-5277 BLF (PR), and the words “AMENDED COMPLAINT” on the first page.

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Plaintiff must answer all the questions on the form in order for the action to proceed.

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Case 5:22-cv-05277-BLF Document 13 Filed 05/18/23 Page 5 of 5

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Plaintiff is reminded that the amended complaint supersedes the original, and Plaintiff may

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not make references to the original complaint. Claims not included in the amended

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complaint are no longer claims and defendants not named in an amended complaint are no

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longer defendants. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.1992).

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Failure to respond in accordance with this order by filing an amended

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complaint in the time provided will result in the dismissal of this action without

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further notice to Plaintiff.

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United States District Court
Northern District of California

2.

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3.

The “complaint” filed under Docket No. 9 is merely a request for the Court

to accept the accompanying IFP application. Dkt. No. 10. Accordingly, the Clerk shall
change this entry to reflect this information. Dkt. No. 9.
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The Clerk shall include two copies of the court’s complaint with a copy of

this order to Plaintiff.

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IT IS SO ORDERED.

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Dated: ___May 18, 2023____

________________________
BETH LABSON FREEMAN
United States District Judge

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Order of Dismissal with Leave to Amend
P:\PRO-SE\BLF\CR.22\05277Pagaling_dwlta

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