Blackwell v. Tsui

Summary

The United States District Court for the Eastern District of California screened Bradley Blackwell’s First Amended Complaint under 28 U.S.C. § 1915A. The court found cognizable First Amendment retaliation claims against David Tsui, James Brown, and E. Baskerville, and a Fourteenth Amendment equal protection claim against Tsui and Brown, while finding other claims insufficiently pleaded. The court allowed plaintiff either to proceed on the surviving claims or file a second amended complaint.

Holdings

1. The complaint adequately alleged First Amendment retaliation claims against Tsui and Baskerville for retaliation related to the filing of grievances and against Tsui and Brown for retaliation related to Blackwell's Inmate Advisory Council advocacy.
2. The complaint did not state a First Amendment retaliation claim against Chief Deputy Warden Holmes because the allegations were too conclusory to suggest that Holmes's actions were related to Blackwell's protected conduct.
3. The complaint stated a cognizable equal protection claim against Tsui and Brown based on allegations that they treated straight and cisgender inmates preferentially compared with gay, non-binary, and transgender inmates.
4. The complaint did not state an equal protection claim against Baskerville because it did not specify the nature of the alleged derogatory names or otherwise show that Baskerville acted because of Blackwell's protected status.
5. The complaint did not state a due process claim based on alleged harassment, discrimination, or stereotyping, nor based on the denial or handling of inmate grievances.

Questions Presented

1. Whether the First Amended Complaint plausibly stated First Amendment retaliation claims against the prison officials.
2. Whether the complaint plausibly stated a Fourteenth Amendment equal protection claim based on alleged discriminatory treatment of gay, non-binary, and transgender inmates.
3. Whether the complaint stated a Fourteenth Amendment due process claim based on harassment, discrimination, stereotyping, or the handling of prison grievances.
4. Whether the plaintiff should be permitted to proceed on cognizable claims or amend the complaint.

Disposition

other