(PC) Hankins v. Sacramento County

CourtDistrict Court, E.D. California
DecidedApril 17, 2025
Docket2:24-cv-00150
StatusUnknown

This text of (PC) Hankins v. Sacramento County ((PC) Hankins v. Sacramento County) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
(PC) Hankins v. Sacramento County, (E.D. Cal. 2025).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JEREMIAH HANKINS, No. 2:24-cv-0150 TLN SCR P 12 Plaintiff, 13 v. ORDER 14 SACRAMENTO COUNTY, et al., 15 Defendants. 16 17 Plaintiff is a civil detainee proceeding pro se with a civil rights action under 42 U.S.C. § 18 1983. Before the court are plaintiff’s motions to appoint counsel (ECF Nos. 14 and 15) and first 19 amended complaint (“FAC”) for screening. (ECF No. 16.) For the reasons described below, the 20 undersigned denies plaintiff’s motions to appoint counsel and finds plaintiff’s FAC states a 21 potentially cognizable Fourteenth Amendment medical care claim against defendants Dr. 22 Williams, Dr. Sokolov, and Dr. John Doe, but no other cognizable claims. Plaintiff will be given 23 the option of proceeding immediately on his cognizable claim or filing an amended complaint. 24 STATUTORY SCREENING OF PRISONER COMPLAINTS 25 The court is required to screen complaints brought by prisoners seeking relief against “a 26 governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). In 27 performing this screening function, the court must dismiss any claim that “(1) is frivolous, 28 malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief 1 from a defendant who is immune from such relief.” Id. § 1915A(b). A claim is legally frivolous 2 when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 3 (1989). The court may dismiss a claim as frivolous if it is based on an indisputably meritless 4 legal theory or factual contentions that are baseless. Neitzke, 490 U.S. at 327. The critical 5 inquiry is whether a constitutional claim, however inartfully pleaded, has an arguable legal and 6 factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989). 7 In order to avoid dismissal for failure to state a claim a complaint must contain more than 8 “naked assertions,” “labels and conclusions” or “a formulaic recitation of the elements of a cause 9 of action.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-557 (2007). In other words, 10 “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory 11 statements do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A claim upon which the 12 court can grant relief has facial plausibility. Twombly, 550 U.S. at 570. “A claim has facial 13 plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable 14 inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678. When 15 considering whether a complaint states a claim, the court must accept the allegations as true, 16 Erickson v. Pardus, 551 U.S. 89, 93-94 (2007), and construe the complaint in the light most 17 favorable to the plaintiff, Scheuer v. Rhodes, 416 U.S. 232, 236 (1974). 18 FACTUAL ALLEGATIONS OF THE FAC 19 Plaintiff was at all relevant times a civil detainee in Sacramento County Jail. (ECF No. 16 20 at 2.) His FAC names as defendants (1) Sacramento County; (2) Dr. Williams, Jail Psych 21 Services (“JPS”) psychiatrist; (3) Dr. Sokolov, JPS psychiatrist; (3) John Doe, JPS supervisor; (4) 22 Dr. John Doe, primary care physician; (5) John Doe, mailroom supervisor; and (6) mailroom 23 deputies, John Does 1-10. (Id. at 2-3.) The FAC’s allegations cover plaintiff’s prescription for 24 the anti-psychotic Zyprexa and interference with his legal mail. 25 I. Allegations Concerning Zyprexa Prescription 26 Dr. Williams prescribed plaintiff the anti-psychotic Zyprexa around 2015. (ECF No. 16 at 27 4.) Zyprexa has an F.D.A. “black box” warning because it causes diabetes, prolactin-induced 28 gynecomastia/breast enlargement in both men and women, and other side effects. (Id.) Plaintiff 1 told Dr. Williams that he did not want to take any anti-psychotics that cause gynecomastia. (Id.) 2 Dr. Williams told plaintiff that the only side effect was “dry mouth.” (Id. at 5.) Defendant Dr. 3 Sokolov also met with plaintiff in 2015 before Dr. Williams did. (ECF 16 at 5.) Dr. Sokolov 4 volunteered to place plaintiff on Zyprexa without giving him a choice of safer drugs, and would 5 not answer plaintiff’s question of “what [are] the side effects to Zyprexa?” (Id. at 5.) Defendant 6 Dr. Sokolov ignored the question, walked away, and never said the side effects to Zyprexa. (Id.) 7 Because Zyprexa causes diabetes and elevated prolactin levels, the standard practice for 8 psychiatrists is to order blood lab work quarterly. (ECF No. 16 at 5.) Over the next 4 ½ to 5 9 years, neither defendant Dr. Williams nor defendant Dr. Sokolov ordered any blood draw for 10 plaintiff to monitor his prolactin or blood sugar levels. (Id. at 6.) Instead, defendants Williams 11 and Sokolov regularly increased plaintiff’s dosage over that time. (Id.) 12 On or about 2017, plaintiff wrote to “medical” complaining about bilateral swelling and 13 pain in his nipples and breasts due to Zyprexa. (ECF No. 16 at 6.) Dr. John Doe, primary care 14 physician, sent plaintiff to an outpatient hospital for a mammogram. (Id.) The test confirmed that 15 plaintiff had developed bilateral gynecomastia consistent with the side effects of Zyprexa that 16 neither defendant Dr. Williams nor defendant Dr. Sokolov provided when plaintiff asked. (Id.) 17 Despite the positive mammogram and plaintiff submitting multiple medical kites complaining of 18 constant pain in his breasts, Dr. Doe never provided any follow-up treatment. (Id.) 19 On or about August 2019, plaintiff began to experience swelling in his legs, which is 20 indicia of diabetes. (ECF No. 16 at 7.) Sacramento County Jail medical staff drew plaintiff’s 21 blood, and the test indicated that plaintiff did have Type 2 Diabetes. (Id.) 22 II. Allegations Concerning Legal Mail 23 Plaintiff alleges that in 2021, Sacramento County Jail deputies were alerted that plaintiff 24 was going to sue the jail by plaintiff stating more than seven times in grievances that he was 25 going to file a lawsuit. (ECF No. 16 at 7.) Plaintiff also stated that he was in contact with an 26 attorney regarding filing a lawsuit against Sacramento County Jail. Around November – 27 December 2021, plaintiff was waiting on a response from an attorney and shocked to see his prior 28 legal mail opened and read by Sacramento County Jail deputies. (Id.) 1 Per Sacramento County Jail protocol, when any detainee gives a deputy an envelope 2 marked with “legal mail” tag on the front, that deputy verifies that no contraband is inside and 3 then gives it back to the detainee to seal. (ECF No. 16 at 7.) Then the deputy signs his initials on 4 the lip of the envelope so that mailroom deputies don’t have to inspect it. (Id. at 7-8.) Also under 5 Sacramento County Jail policy, no deputy or jail staff is authorized to open a detainee’s incoming 6 “legal mail” outside of the detainee’s presence. That includes “return to sender” legal mail that is 7 unopened and already been inspected when it went in the outgoing mail before with a deputy’s 8 signature on the back lip of the envelope. (Id. at 8.) 9 III.

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Related

Scheuer v. Rhodes
416 U.S. 232 (Supreme Court, 1974)
Rizzo v. Goode
423 U.S. 362 (Supreme Court, 1976)
Buckley v. Valeo
424 U.S. 1 (Supreme Court, 1976)
Robertson v. Wegmann
436 U.S. 584 (Supreme Court, 1978)
Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
Neitzke v. Williams
490 U.S. 319 (Supreme Court, 1989)
Thornburgh v. Abbott
490 U.S. 401 (Supreme Court, 1989)
Lewis v. Casey
518 U.S. 343 (Supreme Court, 1996)
Erickson v. Pardus
551 U.S. 89 (Supreme Court, 2007)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
United States v. Gendron
18 F.3d 955 (First Circuit, 1994)
Kathleen Hansen v. Ronald L. Black
885 F.2d 642 (Ninth Circuit, 1989)

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Bluebook (online)
(PC) Hankins v. Sacramento County, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pc-hankins-v-sacramento-county-caed-2025.