Riggs v. CCA et al

Filing 23

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Claims against Dr. Berdecia DISMISSED; claims seeking criminal sanctions against Defendants DISMISSED; claims against unnamed defendants DISMISSED without prejudice; claims arising out of events occurring in 2007 DISMISSED. Signed by Judge Brian Morris on 4/3/2018. Mailed to Riggs. (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
ROBERT D. RIGGS,
Plaintiff,

CV 16-92-GF-BMM

vs.
CCA, CROSSROADS
CORRECTIONAL FACILITY IN
SHELBY MONTANA AND ALL
EMPLOYEES LISTED IN THIS
ACTION, et al.,

ORDER

Defendants.

Plaintiff Robert Riggs (Riggs) is a state prisoner proceeding pro se. Riggs
alleges that the Defendants violated his rights under the United States Constitution
while he was incarcerated at the Crossroads Correctional Center (CCC) in Shelby,
Montana. Riggs alleges that the Defendants violated his rights under the Eighth
Amendment by being deliberately indifferent to his safety and by denying him
medical care. Riggs asserts federal claims under 42 U.S.C. § 1983. Riggs also
asserts state law claims of medical malpractice, negligence, and gross negligence.
Riggs’s claims are based on events that occurred at CCC in April 2007 and in
November 2015. Riggs seeks an award of monetary damages. Riggs also requests
that the Court impose criminal sanctions against the Defendants.

Riggs’s Second Amended Complaint describes the Defendants as Corrections
Corporation of America (CCA), CCC, and “all employees listed in this action.”
(Doc. 9 at 1). Riggs has named the following CCA employees in his pleadings:
Warden McDonald, AW Law, Ron Stercho, Rena Bear, C/M McDuna, C/M
Vantine, Capt. Mertz, Warden Berkebile, Chief Bussby, Chief Stewart, C/M Gold,
U/M Wandler, U/M Christians, DOC Monitor Kenyon, Lt. Weaver, Sgt. Mohart,
Warden Fender, A/W Powell, U/M Wandler, Dr. Berdecia, Seg. RNs, Seg. Doctors,
Seg. C/O’s, CCA Dentist, and CCA Medical staff.
United States Magistrate Judge John Johnston conducted an initial screening
of Rigg’s Second Amended Complaint under 28 U.S.C. § 1915 on January 22,
2018. (Doc. 10). Judge Johnston determined that all of the claims arising out of
events occurring in April 2007 should be dismissed because they are time-barred by
the applicable three year statute of limitations. (Doc. 10 at 6-8).
Judge Johnston determined that all claims against the unnamed defendants —
Seg. RNs, Seg. Doctors, Seg. C/O’s, CCA Dentist, and CCA Medical staff —
should be dismissed without prejudice given that “John Defendants [are] generally
not favored in federal court.” (Doc. 10 at 10).
Judge Johnston determined that the claims against Dr. Berdecia for denial of
medical care claim and for medical malpractice should be dismissed because no
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factual basis existed to assert such claims. (Doc. 10 at 10-11). Judge Johnston
noted that the Second Amended Complaint alleges only that Dr. Berdecia examined
Riggs in the CCC infirmary on November 18, 2015, and that Associate Warden
Powell talked Dr. Berdecia out of ordering a cat scan. (Doc. 9 at 8-9; Doc. 10 at 1011).
Judge Johnston further determined that all of the claims seeking the
imposition of criminal sanctions against the Defendants should be dismissed
because such relief is not available under 42 U.S.C. § 1983. (Doc. 10 at 11-12).
Riggs did not file objections to Judge Johnston’s Findings and
Recommendations. The Court has reviewed Judge Johnston’s Findings and
Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus.
Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in Judge
Johnston’s Findings and Recommendations, and adopts them in full.
Accordingly, IT IS ORDERED:
1.

All claims arising out of events occurring in 2007 are DISMISSED

with prejudice as time-barred.
2.

All claims against the unnamed defendants — Seg. RNs, Seg. Doctors,

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Seg. C/O’s, CCA Dentist, and CCA Medical staff — are DISMISSED without
prejudice. Should Riggs learn the identities of the unnamed defendants in the future
he may file a Third Amended Complaint to add the identified persons as defendants.
3.

All claims against Dr. Berdecia are DISMISSED with prejudice.

4.

All claims seeking criminal sanctions against the Defendants are

DISMISSED with prejudice.
DATED this 3rd day of April, 2018.

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