Summary
The United States District Court for the Eastern District of California recommends dismissing Eugene Jones’s 42 U.S.C. § 1983 action with prejudice. The recommendation rests on failure to state a claim, failure to obey the court’s order requiring a second amended complaint, and failure to prosecute. The document addresses alleged excessive force, failure to protect, deliberate indifference to medical needs, supervisory liability, and joinder deficiencies.
Holdings
- A prisoner's complaint may be dismissed at screening when it lacks sufficient factual matter to state a plausible claim for relief, and Jones's first amended complaint failed to state a cognizable claim.
- A plaintiff may not bring unrelated claims against unrelated defendants in one action; multiple defendants may be joined only when the claims arise from the same transaction or occurrence and present a common question of law or fact.
- A supervisor cannot be held liable under 42 U.S.C. § 1983 solely on a respondeat superior theory; liability requires personal participation, direction, knowledge combined with failure to act, or a constitutionally deficient policy that was the moving force of the violation.
- Jones failed to state cognizable Eighth Amendment claims for excessive force, deliberate indifference to medical needs, or failure to protect.
- Dismissal with prejudice was appropriate because Jones failed to file the required amended complaint after receiving an express warning, thereby failing to obey a court order and prosecute the action.
Questions Presented
- Whether the action should be dismissed under 28 U.S.C. § 1915A for failure to state a cognizable constitutional claim.
- Whether the claims were improperly joined under Federal Rules of Civil Procedure 18 and 20.
- Whether the allegations against the warden failed to establish supervisory liability or deliberate indifference to a substantial risk of serious harm.
- Whether dismissal with prejudice was warranted for failure to obey the court's order and failure to prosecute.
Disposition
other
Cases Cited (42)
- Ashcroft v. Iqbal, 556 U.S. 662, 676-78 (2009)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007)(followed)
- Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009)(followed)
- Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009)(followed)
- Owens v. Hinsley, 635 F.3d 950, 952 (7th Cir. 2011)(followed)
- Coughlin v. Rogers, 130 F.3d 1348, 1349, 1351 (9th Cir. 1997)(followed)
- Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1019-21 (9th Cir. 2010)(followed)
- Ewing v. City of Stockton, 588 F.3d 1218, 1235 (9th Cir. 2009)(followed)
- Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002)(followed)
- Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989)(followed)
Showing top 10 of 42.
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Court Document
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