Franklin v. De Castilla et al

Filing 3

ORDER DECLINING SERVICE AND GRANTING LEAVE TO AMEND by Hon. Brian A Tsuchida. (Attachments: # 1 Amended 1983 Prisoner Civil Rights Complaint form)**8 PAGE(S), PRINT ALL**(Travis Franklin, Prisoner ID: 326228)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TRAVIS SKYLER OWEN FRANKLIN,
Plaintiff,

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v.
DIEGO LOPEZ DE CASTILLA, et al.,

CASE NO. C17-594-JLR-BAT
ORDER DECLINING SERVICE
AND GRANTING LEAVE TO
AMEND

Defendants.

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Pro se plaintiff Travis Franklin, who is currently confined at the Clallam Bay Corrections

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Center, files this 28 U.S.C. § 1983 prisoner civil rights complaint for conduct that occurred while

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he was a detainee at the Clallam Bay Corrections Center and the Monroe Correctional Complex.

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Dkt. 1-1. The Court declines to serve the complaint because it contains fatal deficiencies that, if

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not addressed, might lead to a recommendation of dismissal of the entire action for failure to

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state a claim upon which relief may be granted. However, because plaintiff is proceeding pro se,

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he is granted leave to file an amended complaint or to show cause why his claim should not be

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dismissed by May 18, 2017. Any amended complaint will operate as a complete substitute

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for all previously filed complaints; plaintiff’s previous complaint will not be considered.

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ORDER DECLINING SERVICE AND
GRANTING LEAVE TO AMEND - 1

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FACTUAL ALLEGATIONS

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Plaintiff contends that on May 19, 2014, he was sent from Clallam Bay Correctional Center

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to Olympic Medical Center in Port Angeles, where he remained for five days. He contends that

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Dr. William Hobbs at the Olympic Medical Center diagnosed him with Grave’s Disease, high

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blood pressure, “penomia,” and possible Nephrotic Syndrome. He further asserts that Dr. Hobbs

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told him he needed immediate follow-up treatment with thyroid and kidney specialists, and that

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Dr. Hobbs “discussed it with the prison and after care follow up appointments would be made and

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a kidney biopsy would be ordered.” Plaintiff was subsequently transferred to Monroe Correctional

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Complex on May 25, 2014 and taken to the Inpatient Unit, where he saw Dr. Diego Lopez de

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Castilla. Plaintiff asserts Dr. Lopez de Castilla assured him he spoke with Dr. Hobbs, he was

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aware of his medical needs, a kidney biopsy would be ordered, and that appointments would be

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scheduled immediately with a kidney and thyroid doctor. Plaintiff asserts that he was released

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from prison on July 14, 2014, having never received the medical care that was discussed. He

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further asserts he is now back in prison, and his medical condition is getting worse. He seeks as

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relief damages for pain and suffering and neglect, and a Court Order directing the DOC to provide

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him with all of the “outside” medical care he needs.

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DISCUSSION

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To sustain a civil rights action under § 1983, a plaintiff must show (1) he suffered a

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violation of rights protected by the Constitution or created by federal statute, and (2) the

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violation was proximately caused by a person acting under color of state or federal law. See

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Crumpton v. Gates, 947 F.2d 1418, 1420 (9th Cir. 1991).

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A.

Named Defendants

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ORDER DECLINING SERVICE AND
GRANTING LEAVE TO AMEND - 2

Plaintiff’s complaint names as defendants Dr. Diego Lopez de Castilla and Gary Fleming,

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but he provides no facts clearly linking Dr. Lopez de Castilla to his alleged harms, and no facts

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whatsoever related to Mr. Fleming. Sweeping allegations against an official are insufficient to

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state a claim for relief. A plaintiff must set forth specific facts showing a causal connection

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between each defendant’s actions and the harm allegedly suffered by plaintiff. Aldabe v. Aldabe,

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616 F.2d 1089, 1092 (9th Cir. 1980). In other words, plaintiff must allege facts sufficient to

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support his claims against each of the named defendants. Plaintiff may accomplish this by filing

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an amended complaint that contains short, plain statements telling the Court: (1) the

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constitutional right he believes was violated; (2) the name of the person who violated the right;

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(3) exactly what that individual did or failed to do; (4) how the action or inaction of that person

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is connected to the violation of his constitutional rights; and (5) what specific injury he suffered

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because of that person’s conduct. See Rizzo v. Goode, 423 U.S. 362, 371–72 (1976).

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B.

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Medical Care and Treatment
The Eighth Amendment proscribes deliberate indifference to a prisoner’s serious medical

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needs. Estelle v. Gamble, 429 U.S. 97, 103, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976). However,

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mere negligence in diagnosing or treating a medical condition, without more, does not violate a

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prisoner’s Eighth Amendment rights. Hutchinson v. United States, 838 F.2d 390, 394 (9th

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Cir.1988). As pled, plaintiff’s complaint fails to support a claim that amounts to more than mere

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negligence. To establish “deliberate indifference,” a prisoner must show that a specific

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defendant or defendants purposefully ignored or failed to respond to the prisoner’s pain or

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possible medical need. Id. at 104. A determination of “deliberate indifference” involves an

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examination of two elements: (1) the seriousness of the prisoner’s medical need; and (2) the

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nature of the defendant’s response to that need. McGuckin v. Smith, 974 F.2d 1050, 1059 (9th

ORDER DECLINING SERVICE AND
GRANTING LEAVE TO AMEND - 3

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Cir.1992). Further, a prisoner can make no claim for deliberate medical indifference unless the

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denial was harmful. McGuckin, 974 F.2d at 1060; Shapely v. Nevada Bd. of State Prison

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Comm’rs., 766 F.2d 404, 407 (9th Cir. 1985). If plaintiff intends to pursue a claim for deliberate

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indifference to a serious medical need, he must file an amended complaint that includes facts

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sufficient to show that the named defendants purposefully ignored or failed to respond to his

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serious medical needs, and that the denial was harmful.

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Until plaintiff has plainly stated what his claims are in the manner described above, the
Court cannot fully analyze whether he has stated a viable claim under 42 U.S.C. § 1983.

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CONCLUSION
The Court DECLINES to serve the complaint which as discussed above is deficient.

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However, the Court grants plaintiff permission to submit an amended complaint to attempt to

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cure the above-mentioned deficiencies by May 18, 2017. The amended complaint must carry the

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same case number as this one. If no amended complaint is timely filed, the Court will

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recommend that this matter be dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to

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state a claim on which relief can be granted.

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DATED this 18th day of April, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DECLINING SERVICE AND
GRANTING LEAVE TO AMEND - 4