Anthony W. Garcia v. Jeff Macomber, et al.

Summary

The United States District Court for the Eastern District of California screens Anthony W. Garcia’s second amended 42 U.S.C. § 1983 complaint. The court finds that Garcia plausibly alleges an Eighth Amendment deliberate-indifference-to-safety claim against Jeff Macomber, Ron Broomfield, and John/Jane Does 1 through 8, but fails to state a First Amendment retaliation claim. The magistrate judge recommends dismissal of the retaliation claim without further leave to amend and directs random assignment of a district judge.

Holdings

1. At the pleading stage, allegations that prison officials knew of a substantial risk of serious harm and nevertheless approved or ordered Plaintiff, a member of the STG-Bulldogs, to enter a yard housing rival gang members were sufficient to state a plausible deliberate-indifference claim.
2. Plaintiff failed to state a cognizable First Amendment retaliation claim because he did not allege facts showing that any Defendant knew of protected conduct or that the protected conduct was the but-for cause of his transfer and housing assignment.
3. Further leave to amend the retaliation claim was not warranted after Plaintiff had been provided the applicable legal standards and remained unable to state a claim.

Questions Presented

1. Whether Plaintiff plausibly stated an Eighth Amendment deliberate-indifference-to-safety claim against the identified prison officials and Doe defendants.
2. Whether Plaintiff plausibly stated a First Amendment retaliation claim based on his transfer and housing on B-yard.
3. Whether further leave to amend the retaliation claim was warranted.

Disposition

other