(PC) Candler v. Palko

District Court, E.D. California·Decided March 8, 2021·No. 2:19-cv-00394·Unknown

Opinion

KEITH CANDLER, No. 2:19-CV-0394-MCE-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS Defendant. Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendant Palko’s motion to dismiss, ECF No. 23. Plaintiff filed a late opposition, ECF No. 25. According to Defendant, the current action is barred because Plaintiff’s claim has already been decided in Candler v. Baker, et al., E. Dist. Cal. Case No. 2:17-CV-1885-KJM-AC (prior action). / / / / / / / / / / / / / / / / / / / / / A. The Current Action The current action proceeds on Plaintiff’s original complaint, filed on March 5, 2019. See ECF No. 1.1 Plaintiff’s claim relates to events which allegedly occurred in July 2016 while he was housed in administrative segregation. See id. at 5. Plaintiff claims Defendant Palko was deliberately indifferent to Plaintiff’s suicidal ideations. Plaintiff alleges that defendant Palko spoke with him and heard him say he felt “the need” to hang himself with a bedsheet. Id. at 6. After hearing his state of mind, Defendant Palko sent him back to his room, with no extra precautionary measures, where he had a bedsheet. Id. Still feeling the need to hang himself, and being all alone with a bedsheet, Plaintiff attempted to hang himself. Id. at 6-7. Seeing this, Officer Marquez entered Plaintiff’s cell and sprayed him with pepper spray, preventing Plaintiff from hanging himself. Id. at 7. The Court authorized service on Defendant Palko on November 5, 2019. See ECF No. 11. Defendant Palko waived service on April 9, 2020, see ECF No. 22, and filed the instant motion to dismiss based on res judicata on May 1, 2020, see ECF No. 23. Plaintiff filed an untimely opposition on July 27, 2020. See ECF No. 25. Defendant did not file a reply. B. The Prior Action The prior action was originally filed in the Sacramento County Superior Court and removed to this Court on September 11, 2017. See ECF No. 1 (prior action). The court screened the complaint and issued an order on September 13, 2017. See ECF No. 4 (prior action). Judge Claire summarized Plaintiff’s allegations in the prior action as follows:

. . . Plaintiff alleges, among other things, that: (1) defendant Palko violated his Eighth Amendment rights by exhibiting deliberate indifference to his serious medical needs when, despite his contentions that he was suffering suicidal thoughts, she cleared him to return to his cell (ECF No. 2 at 11-12); (2) defendants Marquez, Rashid, and Gonzales violated his Eighth Amendment rights by telling Palko that plaintiff was “just playing games” and not actually suicidal (id. at 12); (3) defendant Whitehead violated plaintiff’s First Amendment rights by intimidating and threatening him for filing staff complaint (id. at 12-13); (4) defendant Baker violated plaintiff’s Eighth Amendment right to be free from cruel 1 Further citations to documents filed with the Court refer to documents filed in the current action unless otherwise noted. and unusual punishment by sexually harassing him (footnote omitted) (id. at 15-16); (5) defendants Rashid, Gonzalez, Baker, Marquez, and Whitehead violated plaintiff’s First Amendment rights by refusing to let him go to the canteen as a form of retaliation for filing staff complaints (id. at 16-17). . . .

ECF No. 4, pg. 2 (prior action). Judge Claire concluded Plaintiff’s complaint in the prior action violated Federal Rule of Civil Procedure 22(a)(2). Specifically, the court stated:

At the outset, the court notes that plaintiff’s complaint, despite having been removed from state court, is now subject to the federal rules of civil procedure. See Fed. R. Civ. P. 81(c)(1) (“These rules apply to a civil action once it is removed from state court.”). Plaintiff’s complaint violates these rules insofar as it attempts to bring unrelated claims against multiple defendants. Federal Rule of Civil Procedure 20(a)(2) requires that the right to relief against multiple defendants arise out of common events and contain common questions of law or fact. Here, plaintiff has alleged at least two separate claims, namely the deliberate indifference to serious medical needs claim against defendants Palko, Gonzalez, Marquez, and Rashid and the various retaliation claims which plaintiff alleges are all part of a “campaign of retaliation” for filing staff complaints. These claims do not appear to bear any relation to each other. Plaintiff should file an amended complaint which pursues only one of these causes of action. Alternatively, he may allege how, if at all, these incidents arise out of common facts or events. ECF No. 4, pg. 4 (prior action). Plaintiff filed a first amended complaint in the prior action on October 4, 2017. See ECF No. 7 (prior action). On October 17, 2017, the court determined the first amended complaint was appropriate for service. See ECF No. 10 (prior action). The court also ordered that Palko be terminated as a party to the prior action for failure to state a claim because the first amended complaint did not name Palko. See id. The remaining defendants filed their answers on November 16, 2017, see ECF No. 11 (prior action), and August 21, 2018, see ECF No. 10 (prior action). Defendants filed a motion for summary judgment in the prior action on June 7, 2019, see ECF No. 28 (prior action), which the court granted in full on October 1, 2020, see ECF No. 44 (prior action). Judgement in the prior action was entered the same day. See ECF No. 45 (prior action). Plaintiff did not appeal. / / / / / / In granting summary judgment, the Chief District Judge adopted in full findings and recommendations issued on March 11, 2020. See ECF Nos. 40 (Magistrate Judge’s findings and recommendations) and 44 (Chief District Judge’s order). The findings and recommendations in the prior action described Plaintiff’s claims as follows:

Plaintiff’s first amended complaint (“FAC”), ECF No. 7, presents four claims for relief: (1) retaliation in violation of the First Amendment, against defendant correctional officers Baker, Gonzalez, Rashid, Whitehead and Marquez; (2) conspiracy to retaliate in violation of the First Amendment, against defendants Baker, Gonzalez, Rashid, Whitehead and Marquez; (3) interference with medical care in violation of the Eighth Amendment, against defendants Gonzalez, Rashid, Whitehead and Marquez; and (4) sexual harassment in violation of the Eighth Amendment against defendants Baker and Gonzalez. ECF No. 10 at 3.

ECF No. 40, pgs. 1-2 (prior action). With respect to Eighth Amendment deliberate indifference claims related to medical care, the court discussed claims arising in July 2016, see id. at 11-15 (prior action), and August 2016, see id. at 15-18 (prior action). Claims arising in August 2016 are unrelated to the claim against Defendant Palko in the current action and are not discussed here. See id. at 15-18. (prior action). As to the July 2016 claim in the prior action, which the court discussed alongside related retaliation claims not raised in the current action, the Court stated:

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