Summary
The United States District Court for the Northern District of California screens Rayon Jones’s First Amended Complaint under 28 U.S.C. § 1915A. The court finds an arguably cognizable Eighth Amendment excessive-force claim against correctional officers F. Ruiz and M. Lupo, dismisses Warden Kelly Santoro based on the absence of respondeat superior liability, and orders service and an expedited dispositive-motion schedule.
Holdings
- The allegations, liberally construed, stated an arguably cognizable § 1983 claim that Ruiz and Lupo used excessive force in violation of the Eighth Amendment.
- The complaint failed to state a § 1983 claim against Santoro based solely on her responsibility as warden for the actions or omissions of subordinate officers.
- A prisoner complaint seeking redress from governmental officers must be screened under 28 U.S.C. § 1915A, and claims that are not subject to dismissal under that statute may proceed to service.
Questions Presented
- Whether the First Amended Complaint stated a cognizable claim under 42 U.S.C. § 1983 for excessive force in violation of the Eighth Amendment against Ruiz and Lupo.
- Whether the complaint stated a § 1983 claim against Warden Santoro based solely on her supervisory position.
- What service and case-management procedures should govern the surviving claims.
Disposition
other
Cases Cited (9)
- Balistreri v. Pacifica Police Department, 901 F.2d 696, 699 (9th Cir. 1990)(followed)
- West v. Atkins, 487 U.S. 42, 48 (1988)(followed)
- Hudson v. McMillian, 503 U.S. 1, 6-7 (1992)(followed)
- Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989)(followed)
- Woods v. Carey, 684 F.3d 934, 935 (9th Cir. 2012)(followed)
- Stratton v. Buck, 697 F.3d 1004, 1008-09 (9th Cir. 2012)(followed)
- Wyatt v. Terhune, 315 F.3d 1108, 1120 n.14 (9th Cir. 2003)(limited)
- Albino v. Baca, 747 F.3d 1162, 1166 (9th Cir. 2014) (en banc)(followed)
- Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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