Alonzo Warren, Jr. v. Deputy D. Rios, et al.

Summary

The United States District Court for the Eastern District of California grants Alonzo Warren, Jr. leave to proceed in forma pauperis but assesses the statutory filing fee. The court finds potentially cognizable excessive-force claims against several defendants and a failure-to-protect claim against another defendant, while dismissing the clothing and flooding claims as inadequately pleaded and misjoined. The complaint is dismissed with leave to amend within thirty days.

Holdings

1. The complaint stated potentially cognizable Fourteenth Amendment excessive-force claims against D. Rios, J. Perez, Ruiz #624, and A. Gutierrez, and plaintiff was permitted to renew those claims in an amended complaint.
2. The complaint stated a potentially cognizable Fourteenth Amendment failure-to-protect claim against H. Delgadillo.
3. The second and third claims were not cognizable as pleaded and were dismissed without prejudice.
4. The three claims were improperly joined because they arose from different incidents and involved different defendants; the unrelated claims could be dismissed without prejudice so plaintiff could pursue them in separate actions.
5. The complaint was dismissed with leave to amend within thirty days.

Questions Presented

1. Whether the complaint stated potentially cognizable Fourteenth Amendment excessive-force and failure-to-protect claims against the individually named deputies.
2. Whether the allegations concerning denial of proper clothing stated a cognizable pretrial-detainee conditions-of-confinement claim.
3. Whether the allegations concerning repeated flooding stated a cognizable pretrial-detainee conditions-of-confinement claim.
4. Whether the three sets of claims were properly joined under Federal Rules of Civil Procedure 20 and 21.
5. Whether plaintiff should be granted leave to amend after dismissal of the complaint.

Disposition

dismissed