Parenteau, Jr v. Sanders

Filing 7

ORDER DECLINING TO SERVE AND GRANTING LEAVE TO FILE AN AMENDED COMPLAINT by Hon. Brian A Tsuchida. (cc: plaintiff with Amended 1983 Prisoner Civil Rights Complaint form)(ST)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RICHARD L. PARENTEAU, JR.,

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Plaintiff,

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CASE NO. C17-888-JCC-BAT
ORDER DECLINING TO SERVE
AND GRANTING LEAVE TO FILE
AN AMENDED COMPLAINT

v.
BENJAMIN SANDERS,
Defendant.

Pro se plaintiff Richard L. Parenteau, Jr., proceeding in forma pauperis (IFP), files a civil

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rights action pursuant to 42 U.S.C. § 1983. Dkt. 1-1. The Court declines to serve the complaint

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because it contains fatal deficiencies that, if not addressed, might lead to a recommendation of

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dismissal of the entire action for failure to state a claim upon which relief may be granted.

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However, because plaintiff is proceeding pro se, he is granted leave to file an amended

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complaint or to show cause why his claim should not be dismissed by July 26, 2017. Any

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amended complaint will operate as a complete substitute for all previously filed complaints;

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plaintiff’s previous complaint will not be considered.

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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
ORDER DECLINING TO SERVE AND
GRANTING LEAVE TO FILE AN AMENDED
COMPLAINT - 1

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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). In addition, Rule 8(a)(2) of the Federal

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Rules of Civil Procedure “requires a complaint to include a short and plain statement of the claim

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showing that the pleader is entitled to relief, in order to give the defendant fair notice of what the

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claim is and the grounds upon which it rests.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 554

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(2007) (citing Conley v. Gibson, 355 U.S. 41 (1957)).

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Plaintiff’s complaint lacks sufficient detail to make out any claims. Plaintiff must

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therefore clarify his claims as described below. A failure to do so will result in the action being

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dismissed.

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A.

Defendant Benjamin Sanders
Plaintiff’s complaint names as defendant medical director Dr. Benjamin Sanders. He

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contends he has been complaining about illegally implanted electrodes in his body and that he

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has sought medical care to address his pain. He further contends that Dr. Sanders “is in charge

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of Jail Health Services here . . . and is denying me medical care.” Dkt. 1-1 at 3.

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As a preliminary matter, sweeping allegations against an official are insufficient to state a

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

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each defendant’s actions and the harm allegedly suffered. Aldabe v. Aldabe, 616 F.2d 1089,

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1092 (9th Cir. 1980). Plaintiff must therefore file an amended complaint with short, plain

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statements telling the Court: (1) the constitutional right he believes was violated; (2) the name of

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the person who violated the right; (3) exactly what that individual did or failed to do; (4) how the

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action or inaction of that person is connected to the violation of his constitutional rights; and (5)

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what specific injury he suffered because of that person’s conduct. See Rizzo v. Goode, 423 U.S.

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362, 371–72 (1976).
ORDER DECLINING TO SERVE AND
GRANTING LEAVE TO FILE AN AMENDED
COMPLAINT - 2

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B.

Medical Care and Treatment
Plaintiff appears to assert he suffered a violation of his constitutional rights by deliberate

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indifference to his serious medical needs. To establish “deliberate indifference,” plaintiff must

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show that a named defendant purposefully ignored or failed to respond to his pain or possible

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medical need. Estelle v. Gamble, 429 U.S. 97, 104 (1976). A determination of “deliberate

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indifference” involves an examination of two elements: (1) the seriousness of the prisoner’s

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medical need; and (2) the nature of the defendant’s response to that need. McGuckin v. Smith,

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974 F.2d 1050, 1059 (9th Cir. 1992). Mere negligence in diagnosing or treating a medical

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condition, without more, does not violate a prisoner’s Eighth Amendment rights. Hutchinson v.

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United States, 838 F.2d 390, 394 (9th Cir. 1988). Further, a prisoner can make no claim for

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deliberate medical indifference unless the denial was harmful. McGuckin, 974 F.2d at 1060;

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Shapely v. Nevada Bd. of State Prison Comm’rs., 766 F.2d 404, 407 (9th Cir. 1985).

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The allegations in plaintiff’s complaint are deficient because they lack detail and factual

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support. For each allegation, plaintiff must identify the name of the person who violated his

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constitutional right, and the specific injury he suffered because of that person’s conduct. Rizzo,

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423 U.S. at 371–72. Additionally, he must explain 1) how his allegations support a claim of a

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serious medical need, and 2) how each of the defendants identified in connection with these

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claims were deliberately indifferent to those serious medical needs.

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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 July 26, 2017. The amended complaint must carry the

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same case number as this one. Any amended complaint will operate as a complete substitute for
ORDER DECLINING TO SERVE AND
GRANTING LEAVE TO FILE AN AMENDED
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all previously filed complaints; plaintiff’s previous complaint will not be considered. If no

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

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under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on which relief can be

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granted.

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DATED this 26th day of June, 2017.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DECLINING TO SERVE AND
GRANTING LEAVE TO FILE AN AMENDED
COMPLAINT - 4