Woodis v. Public Defenders Office et al

Filing 3

ORDER: 1) Dismissing Civil Action for Failing to State a Claim Pursuant to 28 U.S.C. § 1915A(b) and 2) Denying 2 Motion to Proceed In Forma Pauperis. Signed by Judge Michael M. Anello on 9/26/2017. (All non-registered users served via U.S. Mail Service)(ag) (sjt).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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1) DISMISSING CIVIL ACTION
FOR FAILING TO STATE A CLAIM
PURSUANT TO 28 U.S.C. § 1915A(b)

Plaintiff,

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Case No.: 17-cv-01746-MMA-JLB

DENO WOODIS,
Inmate Booking No. 17137550,
v.
PUBLIC DEFENDERS OFFICE; A.
RODREGUIZ; CITY OF SAN DIEGO,

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AND

Defendants.

2) DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
AS MOOT [Doc. No. 2]

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Deno Woodis (“Plaintiff”), formerly housed at the Vista Detention Facility, and

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proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983, on August 29, 2017.

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See Compl. at 1, Doc. No. 1. Plaintiff did not prepay the civil filing fees required by 28

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U.S.C. § 1914(a) at the time of filing; instead he has filed a Motion to Proceed In Forma

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Pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a) (Doc. No. 2).

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I.

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Sua Sponte Screening Pursuant to 28 U.S.C. § 1915A(b)
The Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915A, obligates the

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Court to review complaints filed by anyone “incarcerated or detained in any facility who

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is accused of, sentenced for, or adjudicated delinquent for, violations of criminal law or
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the terms or conditions of parole, probation, pretrial release, or diversionary program,”

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“as soon as practicable after docketing” and regardless of whether the prisoner prepays

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filing fees or moves to proceed IFP. See 28 U.S.C. § 1915A(a), (c). Pursuant to this

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provision of the PLRA, the Court is required to review prisoner complaints which “seek[]

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redress from a governmental entity or officer or employee of a government entity,” and to

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dismiss those, or any portion of those, which are “frivolous, malicious, or fail[] to state a

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claim upon which relief may be granted,” or which “seek monetary relief from a

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defendant who is immune.” 28 U.S.C. § 1915A(b)(1)-(2); Resnick v. Hayes, 213 F.3d

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443, 446-47 (9th Cir. 2000); Hamilton v. Brown, 630 F.3d 889, 892 n.3 (9th Cir. 2011).

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“The purpose of § 1915A is ‘to ensure that the targets of frivolous or malicious suits need

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not bear the expense of responding.’” Nordstrom v. Ryan, 762 F.3d 903, 920 n.1 (9th Cir.

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2014) (quoting Wheeler v. Wexford Health Sources, Inc., 689 F.3d 680, 681 (7th Cir.

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2012)).

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A.

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Plaintiff’s Complaint is disjointed and it is difficult to comprehend the nature of

Plaintiff’s allegations

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Plaintiff’s allegations. It appears that Plaintiff is currently on parole. (See Compl. at 3.)

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He claims that he had “drunk some alcohol” and was issued a warrant because his “GPS

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went dead” despite having “charg[ed] 3 times.” (Id.)

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1.

Public Defender

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It is not clear why Plaintiff is suing the Public Defender’s Office. He appears to

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claim they “violated due process of rights.” (Compl. at 2.) If Plaintiff’s intention is to

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state a claim under 42 U.S.C. § 1983 against his defense counsel, Plaintiff must also

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allege that his defense counsel acted “under color of state law” to deprive him of a right

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secured by the Constitution or laws of the United States. West v. Atkins, 487 U.S. 42, 48

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(1988). A person “acts under color of state law [for purposes of § 1983] only when

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exercising power ‘possessed by virtue of state law and made possible only because the

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wrongdoer is clothed with the authority of state law.’” Polk County v. Dodson, 454 U.S.

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312, 317-18 (1981), quoting United States v. Classic, 313 U.S. 299, 326 (1941).
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Attorneys who represent criminal defendants generally do not act under color of

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state law because representing a client “is essentially a private function . . . for which

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state office and authority are not needed.” Dodson, 454 U.S. at 319; United States v. De

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Gross, 960 F.2d 1433, 1442 n.12 (9th Cir. 1992). When attorneys perform as advocates,

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i.e., meet with clients, investigate possible defenses, present evidence at trial, or make

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arguments to a judge or jury, they do not act under color of state law for section 1983

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purposes. See Georgia v. McCollum, 505 U.S. 42, 53 (1992); Dodson, 454 U.S. at 320-

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25; Miranda v. Clark County, 319 F.3d 465, 468 (9th Cir. 2003) (en banc) (finding that

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public defender was not a state actor subject to suit under § 1983 because, so long as she

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performs a traditional role of an attorney for a client, “h[er] function,” no matter how

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ineffective, is “to represent h[er] client, not the interests of the state or county.”)

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2.

Parole Agent

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Plaintiff claims that his parole agent was “unprofessional.” (Compl. at 2.) To the

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extent Plaintiff seeks money damages against his parole agent for alleged constitutional

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violations, the Court finds the constitutional claims against this Defendant must be

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dismissed for seeking damages against defendants who are immune pursuant to 28 U.S.C.

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§ 1915A(b)(2).

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Defendant Rodreguiz is entitled to absolute immunity for claims of money

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damages relating to allegations of imposing unconstitutional parole conditions. See

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Thornton v. Brown, 757 F.3d 834, 840 (9th Cir. 2013). The Ninth Circuit has held

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“absolute immunity “extend[s] to parole officials for the ‘imposition of parole conditions’

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because that task is ‘integrally related to an official’s decision to grant or revoke parole,’

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which is a ‘quasi-judicial function.’” Swift v. California, 384 F.3d 1184, 1189 (9th Cir.

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2004) (quoting Anderson v. Boyd, 714 F.2d 906, 909 (9th Cir. 1983)).

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3.

City of San Diego

While the City of San Diego may be considered a “person” properly subject to suit

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under § 1983, see Monell v. Dept. of Social Services, 436 U.S. 658, 691 (1978);

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Hammond v. County of Madera, 859 F.2d 797, 801 (9th Cir. 1988), the City may be held
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liable only where the Plaintiff alleges facts to show that a constitutional deprivation was

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caused by the implementation or execution of “a policy statement, ordinance, regulation,

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or decision officially adopted and promulgated” by the municipality, or a “final decision

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maker” for the municipality. Monell, 436 U.S. at 690; Board of the County Comm’rs v.

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Brown, 520 U.S. 397, 402-04 (1997); Navarro v. Block, 72 F.3d 712, 714 (9th Cir. 1995).

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In other words, “respondeat superior and vicarious liability are not cognizable theories of

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recovery against a municipality.” Miranda v. Clark County, Nevada, 279 F.3d 1102,

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1109-10 (9th Cir. 2002).

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The City of San Diego “cannot be held liable solely because it employs a

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tortfeasor.” Monell, 436 U.S. at 691; Navarro, 72 F.3d at 714. Instead, to allege a claim

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of municipal liability, Plaintiff must include in his pleading enough “factual content” to

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support a reasonable inference to show that: (1) he was deprived of a constitutional right;

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(2) the county had a policy; (3) the policy amounted to deliberate indifference to his

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constitutional right; and (4) the policy was the “moving force behind the constitutional

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violation.” Van Ort v. Estate of Stanewich, 92 F.3d 831, 835 (9th Cir. 1996); see also

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Iqbal, 556 U.S. at 678; Trevino v. Gates, 99 F.3d 911, 918 (9th Cir. 1996).

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As currently pleaded, however, Plaintiff’s Complaint fails to state a claim under 28

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U.S.C. § 1915A(b) because he has failed to allege any facts which “might plausibly

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suggest” that he was subject to unconstitutional conditions of confinement pursuant to

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any municipal custom, policy, or practice implemented or promulgated with deliberate

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indifference to his constitutional rights, or that such a policy was the “moving force” or

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cause of his injury. See Hernandez v. County of Tulare, 666 F.3d 631, 637 (9th Cir.

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2012) (applying Iqbal’s pleading standards to Monell claims); Brown, 520 U.S. at 404

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(“[I]t is not enough for a § 1983 plaintiff merely to identify conduct properly attributable

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to the municipality . . . [t]he plaintiff must also demonstrate that, through its deliberate

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conduct, the municipality was the ‘moving force’ behind the injury alleged. That is, a

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plaintiff must show that the municipal action was taken with the requisite degree of

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culpability and must demonstrate a causal link between the municipal action and the
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deprivation of federal rights.”).

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II.

Conclusion and Order

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Good cause appearing, the Court:

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1)

DISMISSES Plaintiff’s Complaint for failing to state a claim and for

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seeking monetary relief against immune Defendants pursuant to 28 U.S.C. § 1915A(b)(1)

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& 1915A(b)(2);

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2)

DENIES Plaintiff’s Motion to Proceed IFP (Doc. No. 2) as moot.

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3)

DENIES Plaintiff further leave to amend as futile. See Cahill v. Liberty Mut.

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Ins. Co., 80 F.3d 336, 339 (9th Cir. 1996) (denial of a leave to amend is not an abuse of

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discretion where further amendment would be futile); Gonzalez, 759 F.3d at 1116

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(district court’s discretion in denying amendment is “particularly broad” when it has

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previously granted leave to amend);

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4)

CERTIFIES that an appeal of this final Order of dismissal would be

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frivolous and therefore, not taken in good faith pursuant to 28 U.S.C. § 1915(a)(3). See

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Coppedge v. United States, 369 U.S. 438, 445 (1962); Gardner v. Pogue, 558 F.2d 548,

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550 (9th Cir. 1977) (indigent appellant is permitted to proceed IFP on appeal only if

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appeal would not be frivolous); and

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5)

DIRECTS the Clerk of Court to enter judgment accordingly, terminate this

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civil action, and close the file.

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IT IS SO ORDERED.

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DATE: September 26, 2017

_______________________________________
HON. MICHAEL M. ANELLO
United States District Judge

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