Fresquez v. Minks et al

Filing 6

ORDER Directing Plaintiff to File Amended Complaint, by Magistrate Judge Boyd N. Boland on 11/16/11. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02712-BNB
LEROY DAMASIO FRESQUEZ,
Plaintiff,
v.
SHERIFF TED MINKS,
MICHAEL FISH, Detention Service Manager,
JOHN DOE (CAPTAIN), Jan 1, 2010 Through Jan 31, 2011,
JOHN DOE (CAPTAIN), March 5, 2010,
LT. MARTINALLI,
LT. G. GITTINS,
LT. LUCAS,
ADMINISTRATIVE SGT. RENFRO,
SGT. TROY BETKA,
SGT. SCOTT HAPP,
SGT. HOLLOWAY,
SGT. STEVEN WYGANT,
OFFICER KENT FERRIS,
OFFICER KATHRINE FEROE,
DEPUTY SHERIFF CRUMBAKER,
DEPUTY SHERIFF TODD WOOLEY,
DEPUTY SHERIFF RYAN VIERS,
DEPUTY SHERIFF DUSTIN DYELING,
DEPUTY SHERIFF ANTONY KOTRIS,
DEPUTY SHERIFF DONALD SPRINGFIELD,
DEPUTY SHERIFF HOLLEY,
DEPUTY SHERIFF JAMES GELEUDE,
DEPUTY SHERIFF JASON RICHARDSON,
DEPUTY SHERIFF REID PERRY,
DEPUTY SHERIFF WILLIAM BOHM,
DEPUTY SHERIFF ERIK BOUGHAM,
DEPUTY SHERIFF HERBERT LONGSHORE,
DEPUTY SHERIFF #1958 (Name Unknown),
COUNSLER COLLINS,
COUNSLER SUPERVISOR DEBRA ELUDO,
COUNSLER TAHNEE,
CHANTEL CORKLE, Atty,
KORI KIEL, Atty,
DOUGLAS K. WILSON, Atty,
DENNIS HALL, Jefferson County Judge,

WRITER MOTT, Atty,
LAURA WASSMUTH, Atty,
CORRECTIONAL HEALTHCARE MANAGEMENT,
CLAUDIA VAN BUREN/HSA,
RAYMOND HERR, Responsible Physician,
TRACY HAINES, LPN,
KATHERINE BECERRA, RN,
MARIA ROSTAD, Medical Records,
JOHN DOE (Supervisor), March 7, 2010 to Jan 312011,
JANE/JOHN DOE (Charge Nurse) Jan 2010 to January 31, 2011, and
JOHN DOE, Jan 1, 2010 to January 31, 2011,
Defendants.

ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT

Plaintiff, Leroy Damasio Fresquez, is a prisoner in the custody of the Colorado
Department of Corrections and currently is incarcerated at the Centennial Correctional
Facility in Cañon City, Colorado. Mr. Fresquez, acting pro se, initiated this action by
filing a Prisoner Complaint alleging that his constitutional rights were violated. The
Court must construe the Complaint liberally because Mr. Fresquez is a pro se litigant.
See Haines v. Kerner, 404 U.S. 519, 520-21 (1972); Hall v. Bellmon, 935 F.2d 1106,
1110 (10th Cir. 1991). However, the Court should not act as a pro se litigant’s advocate.
See Hall, 935 F.2d at 1110.
Mr. Fresquez must assert how all forty-six named defendant’s personally
participated in each of the alleged constitutional violations. Personal participation is an
essential allegation in a civil rights action. See Bennett v. Passic, 545 F.2d 1260, 126263 (10th Cir. 1976). To establish personal participation, Mr. Fresquez must show that a
defendant caused the deprivation of a federal right. See Kentucky v. Graham, 473 U.S.

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159, 166 (1985). There must be an affirmative link between the alleged constitutional
violation and each defendant’s participation, control or direction, or failure to supervise.
See Butler v. City of Norman, 992 F.2d 1053, 1055 (10th Cir. 1993). A named
defendant may not be held liable merely because of his or her supervisory position.
See Pembaur v. City of Cincinnati, 475 U.S. 469, 479 (1986); McKee v. Heggy, 703
F.2d 479, 483 (10th Cir. 1983).
To state a claim in federal court, a complaint must explain what each defendant
did to the plaintiff; when the defendant did it; how the defendant’ s action harmed the
plaintiff; and, what specific legal right the plaintiff believes the defendant violated.
Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 (10th Cir. 2007).
Accordingly, it is
ORDERED that Mr. Fresquez file within thirty days from the date of this Order an
Amended Complaint that is in keeping with the above directives. It is
FURTHER ORDERED that Mr. Fresquez shall obtain the court-approved
Prisoner Complaint form (with the assistance of his case manager or the facility’s legal
assistant), along with the applicable instructions, at www.cod.uscourts.gov. It is
FURTHER ORDERED that if Mr. Fresquez fails within the time allowed to file an
Amended Complaint that complies with this Order, the action will be dismissed without
further notice.
DATED November 16, 2011, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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