Matuguina v. City of Boise, et al.

Filing 9

INITIAL REVIEW ORDER - The Complaint fails to state a claim upon which relief may be granted. Plaintiff has 28 days within which to file an amended complaint as described above. Because an amended complaint is required for Plaintiff to proceed, Pla intiffs request for appointment of counsel (contained in the Complaint) is DENIED without prejudice. ( Amended Complaint due by 6/6/2024.). Signed by Senior Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

BRIAN JOHN MATUGUINA,
Case No. 1:24-cv-00080-BLW
Plaintiff,
INITIAL REVIEW ORDER BY
SCREENING JUDGE

v.
CITY OF BOISE; BOISE POLICE
DEPARTMENT; KIP
PAPORELLO; IAN SEAVEY;
CAPTAIN TERRY PHILLIPS;
OFFICER GREENE; DET.
MICHELLE DEGRANGE; IDAHO
STATE POLICE; and TROOPER
WEINSTEIN,
Defendants.

The Clerk of Court conditionally filed Plaintiff Brian John Matuguina’s
Complaint as a result of Plaintiff’s status as an inmate and in forma pauperis
request. The Court now reviews the Complaint to determine whether it should be
summarily dismissed in whole or in part under 28 U.S.C. §§ 1915 and 1915A.
Having reviewed the record, and otherwise being fully informed, the Court enters
the following Order directing Plaintiff to file an amended complaint if Plaintiff
intends to proceed.

INITIAL REVIEW ORDER BY SCREENING JUDGE - 1

1.

Pleading Standards and Screening Requirement
A complaint must contain “a short and plain statement of the claim showing

that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Under modern
pleading standards, Rule 8 requires a complaint to “contain sufficient factual
matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007)). The Iqbal/Twombly “facial plausibility”
standard is met when a complaint contains “factual content that allows the court to
draw the reasonable inference that the defendant is liable for the misconduct
alleged.” Id. (citing Twombly, 550 U.S. at 556). “[D]etailed factual allegations” are
not required, but a plaintiff must offer “more than ... unadorned, the-defendantunlawfully-harmed-me accusation[s].” Id. (internal quotation marks omitted).
If the facts pleaded are “merely consistent with a defendant’s liability,” or if
there is an “obvious alternative explanation” that would not result in liability, the
complaint has not stated a claim for relief that is plausible on its face. Id. at 678,
682 (internal quotation marks omitted). Bare allegations that amount to a mere
restatement of the elements of a cause of action, without adequate factual support,
are not enough.

INITIAL REVIEW ORDER BY SCREENING JUDGE - 2

The Prison Litigation Reform Act (“PLRA”)1 requires that the Court review
complaints filed by prisoners seeking relief against a governmental entity or an
officer or employee of a governmental entity, as well as complaints filed in forma
pauperis, to determine whether summary dismissal is appropriate. The Court must
dismiss any claims that do not have adequate factual support or are frivolous or
malicious. 28 U.S.C. §§ 1915(e)(2) & 1915A.
The Court also must dismiss claims that fail to state a claim upon which
relief may be granted or that seek monetary relief from a defendant who is immune
from such relief. Id. These last two categories—together with claims that fall
outside a federal court’s narrow grant of jurisdiction—encompass those claims that
might, or might not, have factual support but nevertheless are barred by a wellestablished legal rule.
The Court liberally construes the pleadings to determine whether a case
should be dismissed for a failure to plead sufficient facts to support a cognizable
legal theory or for the absence of a cognizable legal theory. The critical inquiry is
whether a constitutional claim, however inartfully pleaded, has an arguable factual
and legal basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989)
(discussing Federal Rule of Civil Procedure 12(b)(6)), superseded by statute on

1

Pub. L. No. 104-134, 110 Stat. 1321, as amended, 42 U.S.C. § 1997e, et seq.

INITIAL REVIEW ORDER BY SCREENING JUDGE - 3

other grounds as stated in Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000)
(stating that Rule 12(b)(6) authority to dismiss claims was expanded by the PLRA,
giving courts power to dismiss deficient claims, sua sponte, before or after
opportunity to amend). Moreover, even if a complaint meets the pleading
requirements, dismissal under §§ 1915 and 1915A is still appropriate if an
affirmative defense is an “obvious bar to securing relief on the face of the
complaint.” Washington v. Los Angeles Cty. Sheriff’s Dep’t, 833 F.3d 1048, 1056
(9th Cir. 2016) (internal quotation marks omitted).
2.

Factual Allegations
Plaintiff is a prisoner in the custody of the Idaho Department of Correction,

currently incarcerated at the Idaho State Correctional Institution. Plaintiff alleges
that, on August 29, 2022, Boise Police Officer Kip Paporello violated Plaintiff’s
Fourth Amendment rights by “stalking him” in a Wal-Mart parking lot where
Plaintiff was then arrested. Compl., Dkt. 3, at 2. Plaintiff states that Officers
Weinstein, Green, and DeGrange have stalked him “all over Boise” in the past. Id.
Finally, Plaintiff alleges that Officer Paporello “broke [his] hands.” Id. Plaintiff
does not explain the circumstances surrounding his arrest or how his claims in this
action relate to his current incarceration.
Because the allegations in the Complaint are overly vague and generalized,
Plaintiff has not stated a claim upon which relief may be granted. The Court will,

INITIAL REVIEW ORDER BY SCREENING JUDGE - 4

however, grant Plaintiff 28 days to amend the Complaint. Any amended complaint
should take into consideration the following.
3.

Standards of Law for § 1983 Claims
Plaintiff brings claims under 42 U.S.C. § 1983, the civil rights statute. To

state a plausible civil rights claim, a plaintiff must allege a violation of rights
protected by the Constitution or created by federal statute proximately caused by
conduct of a person acting under color of state law. Crumpton v. Gates, 947 F.2d
1418, 1420 (9th Cir. 1991). A state—or a state entity such as the Idaho State
Police—is not considered a “person” subject to suit under § 1983 and is immune
from suit in federal court pursuant to the Eleventh Amendment. Will v. Mich. Dep’t
of State Police, 491 U.S. 58, 71 (1989); Hans v. Louisiana, 134 U.S. 1, 16–18
(1890); Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 (1984).
Governmental officials generally are not liable for damages in their
individual capacities under § 1983 unless they personally participated in the
alleged constitutional violations. Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.
1989); see also Iqbal, 556 U.S. at 677 (“[E]ach Government official, his or her title
notwithstanding, is only liable for his or her own misconduct.”). Section 1983 does
not allow for recovery against an employer or principal simply because an
employee or agent committed misconduct. Taylor, 880 F.2d at 1045.

INITIAL REVIEW ORDER BY SCREENING JUDGE - 5

However, “[a] defendant may be held liable as a supervisor under § 1983 ‘if
there exists ... a sufficient causal connection between the supervisor’s wrongful
conduct and the constitutional violation.’” Starr v. Baca, 652 F.3d 1202, 1207 (9th
Cir. 2011) (quoting Hansen v. Black, 885 F.2d 642, 646 (9th Cir. 1989)). A
plaintiff can establish this causal connection by alleging that a defendant (1) set in
motion a series of acts by others that violated the Constitution, or knowingly
refused to terminate a series of such acts, which the supervisor “knew or
reasonably should have known would cause others to inflict a constitutional
injury”; (2) knowingly failed to act or acted improperly “in the training,
supervision, or control of his subordinates”; (3) acquiesced in the constitutional
deprivation; or (4) engaged in “conduct that showed a reckless or callous
indifference to the rights of others.” Id. at 1205–09 (internal quotation marks
omitted).
To bring a § 1983 claim against a local governmental entity such as the City
of Boise, a plaintiff must allege that the execution of an official policy or unofficial
custom inflicted the injury of which the plaintiff complains, as required by Monell
v. Department of Social Services of New York, 436 U.S. 658, 694 (1978). Under
Monell, the requisite elements of a § 1983 claim against such an entity are the
following: (1) the plaintiff was deprived of a constitutional right; (2) the entity had
a policy or custom; (3) the policy or custom amounted to deliberate indifference to

INITIAL REVIEW ORDER BY SCREENING JUDGE - 6

plaintiff’s constitutional right; and (4) the policy or custom was the moving force
behind the constitutional violation. Mabe v. San Bernardino Cnty., 237 F.3d 1101,
1110-11 (9th Cir. 2001). An entity also “may be held liable under § 1983 when the
individual who committed the constitutional tort was an official with final policymaking authority” or when “such an official ratified a subordinate’s
unconstitutional decision or action and the basis for it.” Clouthier v. County of
Contra Costa, 591 F.3d 1232, 1250 (9th Cir. 2010), overruled in part on other
grounds by Castro v. Cty. of Los Angeles, 833 F.3d 1060, 1069 (9th Cir. 2016) (en
banc).
An unwritten policy or custom must be so “persistent and widespread” that it
constitutes a “permanent and well settled” practice. Monell, 436 U.S. at 691
(quoting Adickes v. S.H. Kress & Co., 398 U.S. 144, 167–168 (1970)). “Liability
for improper custom may not be predicated on isolated or sporadic incidents; it
must be founded upon practices of sufficient duration, frequency and consistency
that the conduct has become a traditional method of carrying out policy.” Trevino
v. Gates, 99 F.3d 911, 918 (9th Cir. 1996).
A plaintiff cannot simply restate these standards of law in a complaint.
Instead, a plaintiff must provide specific facts supporting the elements of each
claim and must allege facts showing a causal link between each defendant and

INITIAL REVIEW ORDER BY SCREENING JUDGE - 7

Plaintiff’s injury or damage. Alleging “the mere possibility of misconduct” is not
enough. Iqbal, 556 U.S. at 679.
Although Plaintiff cites the First, Second, Fourth, and Eighth Amendments,
see Compl. at 2, only the Fourth Amendment appears to be implicated by the
allegations in the Complaint.2
The Fourth Amendment protects against unreasonable searches and seizures.
Generally speaking, “every arrest, and every seizure having the essential attributes
of a formal arrest, is unreasonable unless it is supported by probable cause.”
Michigan v. Summers, 452 U.S. 692, 700 (1981). An arrest without probable cause
gives rise to a false arrest claim.
When a detention occurs as the result of a false arrest, a false imprisonment
claim based on deprivation of liberty arises under the Due Process Clause. See
Baker v. McCollan, 443 U.S. 137, 142 (1979). Under § 1983, a plaintiff must meet
the elements of common law false imprisonment3 and establish that the
imprisonment resulted in a violation of due process rights under the Fourteenth
2

Plaintiff does not allege that any of his First Amendment rights—whether the right to speak, to
freely exercise religion, to peaceably assemble, or to petition the government for redress of
grievances—was violated by any Defendant. The Second Amendment protects the right to bear
arms, but Plaintiff does not include any arms-based allegations in the Complaint. Finally, the
Eighth Amendment applies to convicted prisoners, and Plaintiff’s claims arose before and during
his arrest, not after he was convicted.
3

The elements of common law false imprisonment in Idaho are (1) restraint of the physical
liberty of another (2) without legal justification. Clark v. Alloway, 170 P.2d 425, 428 (Idaho
1946).

INITIAL REVIEW ORDER BY SCREENING JUDGE - 8

Amendment. Ortega v. Christian, 85 F.3d 1521, 1526 (11th Cir. 1996). The
plaintiff also needs to show that the persons detaining him were involved in or
aware of the wrongful nature of the arrest. Id. at 1526–27.
The Fourth Amendment also protects against police officers using excessive
force during the course of an arrest. Robins v. Harum, 773 F.2d 1004 (9th Cir.
1985). Arresting officers may use only an amount of force that is “objectively
reasonable in light of the facts and circumstances confronting them, without regard
to their underlying intent or motivation.” Graham v. Connor, 490 U.S. 386, 397
(1989) (internal quotation marks omitted).4 “Not every push or shove, even if it
may later seem unnecessary in the peace of a judge’s chambers, violates the Fourth
Amendment,” and whether an officer’s use of force was objectively reasonable is
based on the totality of the circumstances. Id. at 396 (internal quotation marks and
citation omitted).
This objective reasonableness standard requires that a Court “balanc[e] the
nature and quality of the intrusion on a person’s liberty with the countervailing

4

Although the excessive force reasonableness standard is an objective test, it must not be
confused with the standard for negligence claims under state law, as negligence is not actionable
under § 1983. See Kingsley v. Hendrickson, 135 S. Ct. 2466, 2472 (2015) (“[L]iability for
negligently inflicted harm is categorically beneath the threshold of constitutional due process.”)
(emphasis omitted) (internal quotation marks omitted); Daniels v. Williams, 474 U.S. 327, 332
(1986) (stating that a negligent act by a public official is not an abuse of governmental power
remediable under § 1983, but merely a “failure to measure up to the conduct of a reasonable
person”).

INITIAL REVIEW ORDER BY SCREENING JUDGE - 9

governmental interests at stake,” which involves several factors. Davis v. City of
Las Vegas, 478 F.3d 1048, 1053-54 (9th Cir. 2007). First, the “quantum of force”
must be assessed. Second, the governmental interests at stake must be analyzed in
light of the following: (1) the severity of the crime for which the plaintiff was
arrested; (2) whether the plaintiff posed a threat to the safety of the officers or
others; (3) whether the plaintiff was actively resisting arrest or attempting to flee;
and (4) the availability of alternative methods of subduing the plaintiff. Id.
Plaintiff should keep these standards of law in mind if he files an amended
complaint.
4.

Claims Related to Plaintiff’s Criminal Charges or Conviction
As stated above, the Complaint is too vague and generalized for Plaintiff to

proceed at this time. However, even if the Complaint contained sufficient factual
allegations, it appears that Plaintiff’s claims might still be barred pursuant to one of
two legal doctrines.
If the criminal charges arising from Plaintiff’s arrest are still pending, at
least some of Plaintiff’s claims are likely subject to dismissal under Younger v.
Harris, 401 U.S. 37 (1971). A federal court can hear a civil rights claim related to
a pending state criminal case only if “the threat to the plaintiff’s federally protected
rights … cannot be eliminated by his defense against a single criminal
prosecution.” Id. at 46. It is only in the most unusual of circumstances that a

INITIAL REVIEW ORDER BY SCREENING JUDGE - 10

federal court may interfere in an ongoing state criminal matter or in a threatened
state court prosecution. Instead, a court generally must abstain from hearing the
claim.
For a federal court properly to abstain from hearing a case under the
Younger doctrine, three factors must be present: (1) there must be an ongoing state
judicial proceeding; (2) the proceeding must implicate an important state interest;
and (3) there must be an adequate opportunity in the state proceeding to raise the
constitutional challenge. Middlesex County Ethics Comm. v. Garden State Bar
Ass’n, 457 U.S. 423, 432 (1982). Where abstention is appropriate, a federal court
may still entertain an action when “extraordinary circumstances” are present,
including: (1) where irreparable injury is both “great and immediate,” Younger,
401 U.S. at 46; (2) where the state law is “flagrantly and patently violative of
express constitutional prohibitions,” id. at 53-54; or (3) where there is a showing of
“bad faith, harassment, or any other unusual circumstances that would call for
equitable relief,” id. at 54.
If, on the other hand, Plaintiff was convicted of the criminal charges
stemming from his arrest, then at least some of his claims may be barred by Heck
v. Humphrey, 512 U.S. 477 (1994). In Heck, the United States Supreme Court held
that a civil rights claim “is not cognizable under § 1983” if the plaintiff’s success
would “render a conviction or sentence invalid.” Id. at 486–87.

INITIAL REVIEW ORDER BY SCREENING JUDGE - 11

That is, if a favorable verdict in a civil rights action “would necessarily
imply the invalidity” of the plaintiff’s conviction, the plaintiff must first show that
“the conviction or sentence has been reversed on direct appeal, expunged by
executive order, declared invalid by a state tribunal authorized to make such
determination, or called into question by a federal court’s issuance of a writ of
habeas corpus.” Id. at 487. As the Supreme Court later clarified, “a state prisoner’s
§ 1983 action is barred (absent prior invalidation)—no matter the relief sought
(damages or equitable relief), no matter the target of the prisoner’s suit (state
conduct leading to conviction or internal prison proceedings)—if success in that
action would necessarily demonstrate the invalidity of confinement or its
duration.” Wilkinson v. Dotson, 544 U.S. 74, 81–82 (2005).
If Plaintiff files an amended complaint, he should set forth how the alleged
constitutional violations relate to his current incarceration and if criminal charges
stemming from the arrest remain pending in state court.
5.

State Law Claims
In addition to § 1983 claims, Plaintiff purports to assert state law claims,

though Plaintiff does not identify any such claims. Compl. at 1. However, because
the Complaint fails to state a federal claim upon which relief may be granted, the
Court would decline to exercise supplemental jurisdiction over any state law
claims in any event. See 28 U.S.C. § 1367(c). If Plaintiff files an amended

INITIAL REVIEW ORDER BY SCREENING JUDGE - 12

complaint, and if the amended complaint identifies and states a plausible state law
claim, the Court will reconsider the issue of supplemental jurisdiction.
6.

Standards for Amended Complaint
If Plaintiff chooses to amend the Complaint, Plaintiff must demonstrate how

the actions complained of have resulted in a deprivation of Plaintiff’s constitutional
rights. See Ellis v. Cassidy, 625 F.2d 227, 229 (9th Cir. 1980), abrogated on other
grounds by Kay v. Ehler, 499 U.S. 432 (1991). Plaintiff must also allege a
sufficient causal connection between each defendant’s actions and the claimed
deprivation. Taylor, 880 F.2d at 1045; Johnson v. Duffy, 588 F.2d 740, 743 (9th
Cir. 1978). “Vague and conclusory allegations of official participation in civil
rights violations are not sufficient to withstand a motion to dismiss” or to survive
screening under 28 U.S.C. §§ 1915 and 1915A. Ivey v. Bd. of Regents of Univ. of
Alaska, 673 F.2d 266, 268 (9th Cir. 1982); see also Iqbal, 556 U.S. at 678 (“Nor
does a complaint suffice if it tenders naked assertions devoid of further factual
enhancement.” (internal quotation marks and alteration omitted)).
Rather, for each cause of action against each defendant, Plaintiff must state
the following: (1) the name of the person or entity that caused the alleged
deprivation of Plaintiff’s constitutional rights; (2) facts showing the defendant is a
state actor (such as state employment or a state contract) or a private entity
performing a state function; (3) the dates on which the conduct of the defendant

INITIAL REVIEW ORDER BY SCREENING JUDGE - 13

allegedly took place; (4) the specific conduct or action Plaintiff alleges is
unconstitutional; (5) the particular constitutional or statutory provision Plaintiff
alleges has been violated; (6) facts alleging that the elements of the violation are
met—for example, Plaintiff must allege facts satisfying the elements of a Fourth
Amendment claim; (7) the injury or damages Plaintiff personally suffered; and (8)
the particular type of relief Plaintiff is seeking from each defendant. In addition,
Plaintiff must include facts showing that Plaintiff’s claims are not subject to
dismissal under Younger v. Harris or Heck v. Humphrey, as explained above.
Further, any amended complaint must contain all of Plaintiff’s allegations in
a single pleading and cannot rely upon, attach, or incorporate by reference other
pleadings or documents. Dist. Idaho Loc. Civ. R. 15.1 (“Any amendment to a
pleading, whether filed as a matter of course or upon a motion to amend, must
reproduce the entire pleading as amended. The proposed amended pleading must
be submitted at the time of filing a motion to amend.”); see also Forsyth v.
Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997) (“[An] amended complaint
supersedes the original, the latter being treated thereafter as non-existent.”),
overruled in part on other grounds by Lacey v. Maricopa County, 693 F.3d 896,
(9th Cir. 2012) (en banc); Hal Roach Studios, Inc. v. Richard Feiner and Co., Inc.,
896 F.2d 1542, 1546 (9th Cir. 1990) (holding that the district court erred by

INITIAL REVIEW ORDER BY SCREENING JUDGE - 14

entering judgment against a party named in the initial complaint, but not in the
amended complaint).
Plaintiff must set forth each different factual allegation in a separate
numbered paragraph. The amended complaint must be legibly written or typed in
its entirety, and it should be clearly designated as an “Amended Complaint.”
Plaintiff’s name and address should be clearly printed at the top left corner of the
first page of each document filed with the Court.
If Plaintiff files an amended complaint, Plaintiff must also file a “Motion to
Review the Amended Complaint.” If Plaintiff does not amend within 28 days, or if
the amendment does not comply with Rule 8, this case may be dismissed without
further notice. See Knapp v. Hogan, 738 F.3d 1106, 1110 (9th Cir. 2013) (“When a
litigant knowingly and repeatedly refuses to conform his pleadings to the
requirements of the Federal Rules, it is reasonable to conclude that the litigant
simply cannot state a claim.”).
ORDER
IT IS ORDERED:
1.

The Complaint fails to state a claim upon which relief may be granted.
Plaintiff has 28 days within which to file an amended complaint as
described above. If Plaintiff does so, Plaintiff must file (along with the
amended complaint) a Motion to Review the Amended Complaint.

INITIAL REVIEW ORDER BY SCREENING JUDGE - 15

Alternatively, Plaintiff may file a Notice of Voluntary Dismissal if
Plaintiff no longer intends to pursue this case.5
2.

If Plaintiff does not file a timely amended complaint, this case may be
dismissed with prejudice and without further notice for failure to state
a claim upon which relief may be granted, failure to prosecute, or
failure to comply with a Court order.

3.

Because an amended complaint is required for Plaintiff to proceed,
Plaintiff’s request for appointment of counsel (contained in the
Complaint) is DENIED without prejudice. Plaintiff may renew the
request for counsel in an amended complaint.

DATED: May 10, 2024

_________________________
B. Lynn Winmill
U.S. District Court Judge

5

A voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1) is not a dismissal for
frivolity, for maliciousness, or for failure to state a claim upon which relief may be granted and,
therefore, does not count as a “strike” under 28 U.S.C. § 1915(g).

INITIAL REVIEW ORDER BY SCREENING JUDGE - 16