Summary
The United States District Court for the Eastern District of California screened a state prisoner’s 42 U.S.C. § 1983 complaint. The court found that the complaint stated an Eighth Amendment excessive force claim against Hibbard, Baker, Leavens, Rodriguez, Jones, and Acuna, but did not state claims against Warden Lynch or a distinct failure-to-protect claim. Plaintiff was ordered to elect within 30 days whether to proceed on the screened complaint or file an amended complaint.
Holdings
- The complaint stated a cognizable Eighth Amendment excessive-force claim against Hibbard, Baker, Leavens, Rodriguez, Jones, and Acuna for screening purposes.
- The complaint did not state a distinct Eighth Amendment failure-to-protect claim against Hibbard and Baker.
- The complaint failed to state a claim against Lynch because it did not link him to an affirmative act or omission violating Young's federal rights.
- Plaintiff may proceed on the complaint as screened or file an amended complaint within thirty days; failure to respond will result in a recommendation of dismissal for failure to obey a court order and failure to prosecute.
Questions Presented
- Whether the complaint plausibly stated an Eighth Amendment excessive-force claim against Hibbard, Baker, Leavens, Rodriguez, Jones, and Acuna.
- Whether the allegations stated a distinct Eighth Amendment failure-to-protect claim against Hibbard and Baker.
- Whether the complaint stated a § 1983 claim against Warden Lynch based solely on his supervisory position.
- Whether plaintiff should be allowed to proceed on the complaint as screened or amend the complaint.
Disposition
other
Cases Cited (14)
- Neitzke v. Williams, 490 U.S. 319, 325 (1989)(followed)
- Neitzke v. Williams, 490 U.S. 319, 327 (1989)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)(followed)
- Erickson v. Pardus, 551 U.S. 89, 93 (2007)(followed)
- Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)(followed)
- Hudson v. McMillian, 503 U.S. 1, 6-7 (1992)(followed)
- Farmer v. Brennan, 511 U.S. 825, 837 (1994)(followed)
- Castro v. County of Los Angeles, 833 F.3d 1060, 1069 (9th Cir. 2016)(followed)
- Monell v. Department of Social Services, 436 U.S. 658 (1978)(followed)
- Rizzo v. Goode, 423 U.S. 362 (1976)(followed)
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Cited In (0)
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Court Document
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