Khan v. Northwest Detention Center et al

Filing 5

ORDER that Plaintiff shall file, by no later than 12/18/09, and amended complaint. Signed by Magistrate Judge J Richard Creatura. (CMG; copy mailed to Plaintiff)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Magistrate Judge pursuant to 28 U.S.C. §§ 636(b)(1)(A) and 636(b)(1)(B) and Local Magistrate Judges' Rules MJR 1, MJR 3, and MJR 4. After reviewing the record, the undersigned finds and orders as follows: On October 8, 2009, the court clerk received plaintiff's Complaint along with an application to proceed in forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915. The undersigned granted the IFP application. (Dkt # 3) A review of the Complaint reveals significant deficiencies, which must be cured or corrected. Plaintiff's Complaint lists and names two defendants: the Northwest Detention Center, in Tacoma, Washington, and the Immigration Customs Enforcement ("ICE"), in Anchorage, ORDER - 1 IZAZ-E-KHAN, No. C09-5646FDB Plaintiff, v. NORTHWEST DETENTION CENTER, and IMMIGRATION CUSTOM ENFORCEMENT. Defendants. This 42 U.S.C. § 1983 Civil Rights action has been referred to the undersigned ORDER UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

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Alaska. Plaintiff alleges he was unlawfully detained by ICE at the Northwest Detention Center from October 10, 2007 until January 16, 2009. Plaintiff alleges that during his incarceration he was denied due process rights protected by the U.S. Constitution and subjected to cruel and unusual punishment in violation of his civil rights. Plaintiff has not named a proper defendant. In order to state a claim under 42 U.S.C. § 1983, a complaint must allege facts showing how individually named defendants caused or personally participated in causing the harm alleged in the complaint. Arnold v. IBM, 637 F.2d 1350, 1355 (9th Cir. 1981). Under most circumstances, a governmental entity cannot be held liable under §1983. In Monell v. Dept. of Social Services, 436 U.S. 658, 690-91 (1978), the Supreme Court ruled that local governments may only be sued for damages and declaratory or injunctive relief, if the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers. Monell rejects government liability based on the doctrine of respondeat superior. 436 U.S. at 694 n.58 (1978). Plaintiff has alleged certain violations of constitutional law, but has failed to allege any facts that would justify a claim against the named defendants. Based on the deficiencies described above, plaintiff shall file, by no later than December 18, 2009, an amended complaint curing, if possible, the above deficiencies. The clerk is directed to send a copy of this order to plaintiff at his last known address. DATED this 16th day of November, 2009.

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J. Richard Creatura United States Magistrate Judge ORDER - 2