Moore v. King County Jail

Filing 12

ORDER DECLINING SERVICE AND GRANTING LEAVE TO AMEND by Hon. Brian A Tsuchida. (cc: plaintiff with 1983 Amended Complaint form)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DAVID A. MOORE,
Plaintiff,

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v.
KING COUNTY JAIL, et al.,

CASE NO. C17-347 JCC-BAT
ORDER DECLINING SERVICE
AND GRANTING LEAVE TO
AMEND

Defendant.

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Plaintiff, David Moore, is confined at the King County Jail. Proceeding pro se, he alleges

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the Seattle Police attacked him and that he has been denied him adequate medical care. As

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defendants, he names King County Jail, Seattle Police Department, King County Ombudsman,

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King County Sheriff’s Office, King County Civil Rights Office, King County Superior Court and

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King County Office of Public Defense. Dkt. 1, 5. The Court DECLINES to serve the

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complaint. As discussed below, the complaint is deficient and should be dismissed. However,

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because plaintiff proceeds pro se, the Court will not dismiss the complaint but instead GRANTS

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plaintiff leave to file, by May 15, 2017, an amended complaint that cures the deficiencies. The

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Court will recommend dismissal if plaintiff does not timely file a complaint that cures the

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deficiencies.

ORDER DECLINING SERVICE AND GRANTING LEAVE
TO AMEND - 1

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PLAINTIFF’S ALLEGATIONS
Plaintiff submitted a complaint, Dkt. 1, and a statement of claim, Dkt. 5. In essence, the

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pleadings allege the following: In January 2010, the Seattle Police attacked him and charged him

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with malicious harassment. After his arrest, the police took plaintiff to the King County Jail.

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Although he needed medications for abscessed teeth, the jail refused to provide plaintiff adequate

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treatment. In 2010, Superior Court Judge Sharon Armstrong forced him to go pro so in his

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criminal case as punishment revolving around a conflict of interest with his public defender,

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SCRAP. At some point in 2010, while the criminal case was pending, plaintiff was sent to

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Western State Hospital. Plaintiff avers he not receive adequate treatment there. After returning

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from Western State Hospital, plaintiff appeared before Superior Court Judge Heavey and struck a

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plea deal on the malicious harassment charge. Plaintiff was released in late 2010 from the King

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County Jail after spending 8-10 months in custody. After his release, plaintiff went to the Public

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Health Department avers the medications he received had bad side effects. In January of 2011,

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plaintiff was admitted to Harborview Medical Center via the ER. He alleges the hospital did

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provide adequate medical care.

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DISCUSSION
The Court declines to serve the complaint because it deficient. If the deficiencies are not

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cured, the Court will recommend the case be dismissed for failure to state a claim upon which

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relief may be granted. 28 U.S.C. §§ 1915(e)(2)(b)(ii), 1915A(b)(1). To state a civil rights action

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under § 1983, a plaintiff must show (1) that he suffered a violation of rights protected by the

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Constitution or created by federal statute, and (2) that the violation was proximately caused by a

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person acting under color of state or federal law. See Crumpton v. Gates, 947 F.2d 1418, 1420

ORDER DECLINING SERVICE AND GRANTING LEAVE
TO AMEND - 2

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(9th Cir. 1991). In other words, plaintiff must describe who violated his rights, when they

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violated his rights, and how this violation caused him harm. Absent such allegations, the

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individuals named in the complaint will be dismissed.

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A.

King County Jail
Plaintiff seeks to sue the King County County Jail, which is a governmental agency that

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normally cannot be sued under § 1983. See Howlett v. Rose, 496 U.S. 356, 365 (1990). The

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proper defendant is King County, a municipality that can be sued under § 1983. Monell v. New

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York City Dept. of Social Services, 436 U.S. 658, 690 (1978). However, to pursue a claim

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against King County, plaintiff must allege facts setting forth how King County’s employees or

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agents acted through an official custom, pattern or policy that permits deliberate indifference to,

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or violates, his civil rights or that King County ratified the unlawful conduct. Monell, 436 U.S.

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at 690–91. Plaintiff must allege these additional facts or show cause why his claims against

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King County Jail should not be dismissed.

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B.

King County Judges and Public Defenders

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Plaintiff alleges a Superior Court Judge forced him to go pro se due to a conflict of

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interest with his public defender. Plaintiff’s allegations appear to involve a situation in which he

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disagrees with a judge’s determination as to the status of his counsel. Plaintiff cannot sue for

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monetary damages against the judges in his criminal cases because monetary damages against

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judges are barred by absolute judicial immunity. Mireles v. Waco, 502 U.S. 9, 9–12 (1991).

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Accord Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir. 1988) (per curiam) (“Judges are

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absolutely immune from damages actions for judicial acts taken within the jurisdiction of their

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courts.”) (citation omitted).

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ORDER DECLINING SERVICE AND GRANTING LEAVE
TO AMEND - 3

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Plaintiff also seeks to sue his public defender. He has not set forth any facts as to how or

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why his public defender violated his rights. Additionally, the a public defender acting in his or

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her role as advocate is not considered a state actor for purposes of bringing suit under § 1983.

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See Polk County v. Dodson, 454 U.S. 312, 325 (1981).

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C.

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Unnamed Defendants
Plaintiff alleges police officers attacked him and that the Jail’s medical staff, staff at

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Western State and staff and the Public Health Office denied him adequate medical care. He also

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names the County Ombudsman and Civil Rights Office, though it is unclear how or why they

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violated plaintiff’s rights. The Court cannot serve a complaint on unnamed parties. To obtain

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relief against a defendant under 42 U.S.C. § 1983, a plaintiff must prove that a particular named

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defendant has caused or personally participated in causing the deprivation of a particular

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protected constitutional right. Arnold v. IBM, 637 F.2d 1350, 1355 (9th Cir. 1981); Sherman v.

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Yakahi, 549 F.2d 1287, 1290 (9th Cir. 1977).

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In short, plaintiff must name the individual defendants that he alleges attacked him,

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denied him medical care or violated some other constitutional right. He must also set forth

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specific facts showing a causal connection between each defendant’s actions and the harm

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allegedly suffered by plaintiff (that is what each defendant did; how the acts harmed him; and

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when the actions occurred). Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980).

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D.

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Statute of limitations
Section 1983 actions filed in this district apply the three year statute of limitations under

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RCW § 4.16.080. RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045, 1058 (9th Cir. 2002). A §

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1983 action accrues and the statute of limitations begins to run when a plaintiff knows or has

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reason to know of the injury that forms the basis of his or her action. Bagley v. CMC Real Estate

ORDER DECLINING SERVICE AND GRANTING LEAVE
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Corp., 923 F.2d 758, 760 (9th Cir. 1991). Here, all of plaintiff’s allegation arise from conduct he

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alleges occurred in 2010 and 2011. Plaintiff clearly knew about the allegations―being attacked,

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disagreement with the superior court judge and public defender, actions or inaction by the

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ombudsman and civil rights office, and inadequate medical treatment―and was therefore

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required to file his complaint by 2014 at the latest.

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CONCLUSION

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The Court DECLINES to serve the complaint as it is deficient. Because plaintiff is

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proceeding pro se, rather than dismissing the case, the Court grants him permission to file, by

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May 15, 2017, an amended complaint to cure the above-mentioned deficiencies. The amended

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complaint will act as a complete substitute for the original complaint and not a substitute.

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Plaintiff must therefore again include all the facts supporting his claims against the individual

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defendants, along with any additional facts which he contends support a claim against the

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defendants.

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The amended complaint must carry the same case number as this one. If no amended

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complaint is timely filed, the Court will recommend that this matter be dismissed under 28

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U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on which relief can be granted.

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The Clerk is directed to send a copy of this Order to plaintiff.

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DATED this 17th day of April, 2017.

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A
BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DECLINING SERVICE AND GRANTING LEAVE
TO AMEND - 5