Forrest C. Taylor v. J. Leatherman, et al.

Summary

The United States District Court for the Eastern District of California addresses plaintiff Forrest C. Taylor’s filings in a 42 U.S.C. § 1983 action. The court strikes a duplicative filing, denies the request to add defendant C. Pierce through supplemental pleadings, and explains that any due process claims against Pierce must be pursued separately because they are improperly joined. The court grants Taylor thirty days to file a second amended complaint or proceed on the previously elected First and Eighth Amendment claims.

Holdings

1. The request to add C. Pierce was denied because plaintiff provided no facts demonstrating that Pierce violated plaintiff's First or Eighth Amendment rights.
2. Any due process claim against C. Pierce arising from the disciplinary hearing could not be joined with plaintiff's First and Eighth Amendment claims against the other defendants because the claims did not arise from the same transaction or occurrence and would not present common questions of law or fact.
3. Plaintiff was granted thirty days to file a second amended complaint re-alleging the existing First and Eighth Amendment claims and including claims against C. Pierce only if he could allege specific facts showing that Pierce violated his First or Eighth Amendment rights.

Questions Presented

1. Whether plaintiff could add C. Pierce through a supplemental pleading without alleging facts showing that Pierce violated plaintiff's constitutional rights.
2. Whether proposed due process claims against C. Pierce could be joined with plaintiff's existing First and Eighth Amendment claims against other defendants.
3. Whether plaintiff should be granted leave to file a second amended complaint re-alleging the existing claims and, if supported by specific facts, claims against C. Pierce.

Disposition

other