Matthews v. Department of Corrections

CourtDistrict Court, D. Alaska
DecidedJanuary 6, 2025
Docket4:24-cv-00019
StatusUnknown

This text of Matthews v. Department of Corrections (Matthews v. Department of Corrections) is published on Counsel Stack Legal Research, covering District Court, D. Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matthews v. Department of Corrections, (D. Alaska 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

KENNY MATTHEWS, JR., Plaintiff, Case No. 4:24-cv-00019-SLG v. DEPARTMENT OF CORRECTIONS and SERGEANT SAPP, Defendants. KENNY MATTHEWS, JR., Plaintiff, Case No. 4:24-cv-00020-SLG v.

THE DEPARTMENT OF CORRECTIONS, Defendant.

SCREENING ORDER On August 2, 2024, self-represented litigant Kenny Matthews, Jr. (“Plaintiff”) filed two civil cases, as captioned above. Plaintiff filed a civil cover sheet and an application to waive payment of the filing fee in each case.1 Pursuant to Rule 201

1 Dockets 1-3. of the Federal Rules of Evidence, the Court takes judicial notice of the Courtview records of the Alaska Trial Courts.2 In Claim 1 in Case No. 4:24-cv-00019-SLG (“Case 19”), Plaintiff alleges that

on or about August 2, 2022, Sergeant Sapp violated his rights under the Fourteenth Amendment by taking his cell phone out while Plaintiff’s genitals were exposed during a medical procedure at Fairbanks Urology.3 Plaintiff claims an unidentified correctional officer later told him that he had seen a video recording of Plaintiff’s genitals, and so Plaintiff thought the video had been circulated amongst

the officers.4 Plaintiff claims the unidentified officer later denied seeing any such video. Following an internal investigation, Sergeant Guzman allegedly told Plaintiff that a correctional officer should not have a personal cell phone out during an inmate’s medical appointment, but that it does not appear that a video recording was taken of Plaintiff’s genitals.5 However, Plaintiff appears to allege, even if a

video was not recorded, his rights were still violated because he “felt uncomfortable

2 Judicial notice is the “court’s acceptance, for purposes of convenience and without requiring a party’s proof, of a well-known and indisputable fact; the court’s power to accept such a fact.” Black’s Law Dictionary (12th ed. 2024); See also United States ex rel. Robinson Rancheria Citizens Council v. Borneo, Inc., 971 F.2d 244, 248 (9th Cir. 1992) (“We may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue”) (internal citations and quotation marks omitted.). 3 Case 19, Docket 1 at 3. 4 Case 19, Docket 1 at 3. 5 Case 19, Docket 1 at 3. Case No. 4:24-cv-00019-SLG, Matthews v. Department of Corrections, et al. Case No. 4:24-cv-00020-SLG, Matthews v. Department of Corrections like he was being recorded.”6 In Claim Two in Case 19, Plaintiff does not name a specific individual or include a date the claim allegedly occurred, but he appears to be bringing a claim stemming from the same incident against the Department of

Corrections (“DOC”).7 In Case No. 4:24-cv-00020-SLG (“Case 20”), Plaintiff states he “had to have surgery to remove [his swollen lymph nodes] because they wouldn’t give [him his test] results.”8 Liberally construed, Plaintiff appears to be bringing a claim for inadequate medical care. However, the Complaint fails to name an individual

defendant or to include the year these events allegedly occurred. Plaintiff alleges he went to jail on May 31st and requested STD testing. Then, he claims he started experiencing medical issues in July, and later that same month went to a urology doctor for a biopsy.9 This medical visit to the urologist appears to be the same August 2022 urology visit referenced in Case 19.10 Additionally, according to the

state court docket, Plaintiff was charged on June 1, 2022, for events allegedly

6 Case 20, Docket 1 at 3 (emphasis added). 7 Case 20, Docket 1 at 3. 8 Case 20, Docket 1 at 3. 9 Case 20, Docket 1 at 3. 10 Compare Case 20, Docket 1 at 3 (“the urology doctor put something to numb my penis so he could cut a piece of skin away”), with Case 19, Docket 1 at 4 (“… while the doctor is injecting a numbing stuff on my penis so he could cut a sample out of me”). Case No. 4:24-cv-00019-SLG, Matthews v. Department of Corrections, et al. Case No. 4:24-cv-00020-SLG, Matthews v. Department of Corrections occurring on May 31, 2022, and convicted on June 9, 2023, after a jury trial.11 Therefore, upon information and belief, the events giving rise to Plaintiff’s claims involving his medical care in both Case 19 and Case 20 occurred between June

and November 2022. Plaintiff was a pretrial detainee when all the alleged events giving rise to all his claims occurred.12 Plaintiff was released from custody prior to filing this suit.13 The Court has now screened Plaintiff’s Complaints in accordance with 28 U.S.C. §§ 1915(e) and 1915A. For the reasons discussed in this order, both cases

fail to adequately state a claim for which relief may be granted. Although amendment is likely futile, Plaintiff is granted leave to file an amended complaint in Case 19 only in accordance with the guidance below. However, the Court finds that allowing leave to amend in Case 20 would be futile, as Plaintiff cannot maintain claims against the DOC and fails to state a claim of deliberate medical indifference.

Therefore, Case 20 is dismissed without leave to amend. Plaintiff is accorded 60

11 State of Alaska vs. Matthews Jr., Kenny, Case No. 4FA-22-01173CR. 12 For civil rights claims by pretrial detainees pertaining to their conditions of confinement, courts “properly rel[y] on the Due Process Clause rather than the Eighth Amendment.” Bell v. Wolfish, 441 U.S. 520, 535 n.16 (1979). 13 Plaintiff listed an apartment as his address on both Complaints. Cases 19 & 20, Docket 1. See also State of Alaska vs. Matthews Jr., Kenny, Case No. 4FA-22- 01173CR, Docket 06/09/2023 (“Charge Disposition: Defendant Convicted on Charge”); Docket 06/13/2023 (“Bail Exonerated”); Docket 08/11/2023 (“Order and Conditions of Release”). Case No. 4:24-cv-00019-SLG, Matthews v. Department of Corrections, et al. Case No. 4:24-cv-00020-SLG, Matthews v. Department of Corrections days to file an amended complaint in Case 19 that corrects the deficiencies identified in this order. SCREENING STANDARD

Federal law requires a district court to conduct an initial screening of a civil complaint filed by a self-represented litigant seeking to proceed in a lawsuit in federal court without paying the filing fee.14 In this screening, a district court shall dismiss the case at any time if the court determines that the action: (i) is frivolous or malicious;

(ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.15

In conducting its screening review, a district court must accept as true the allegations of the complaint, construe the pleading in the light most favorable to the plaintiff, and resolve all doubts in the plaintiff's favor.16 However, a court is not required to accept as true conclusory allegations, unreasonable inferences, or unwarranted deductions of fact.17 Although the scope of review generally is limited

14 See, e.g., Lopez v. Smith, 203 F.3d 1122, 1126 & n.7 (9th Cir. 2000). 15 28 U.S.C. § 1915(e)(2)(B). 16Bernhardt v. L.A. County, 339 F.3d 920, 925 (9th Cir. 2003) (holding a court must construe pleadings filed by self-represented litigants liberally and afford the complainant the benefit of any doubt). 17 Doe I v.

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