(PC) Kamilchu v. County of Sacramento

CourtDistrict Court, E.D. California
DecidedJanuary 3, 2023
Docket2:21-cv-02245
StatusUnknown

This text of (PC) Kamilchu v. County of Sacramento ((PC) Kamilchu v. County of Sacramento) 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) Kamilchu v. County of Sacramento, (E.D. Cal. 2023).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDUARD KAMILCHU, No. 2:21-cv-02245 DB P 12 Plaintiff, 13 v. ORDER 14 COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 17 Plaintiff, an inmate proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff 18 claims defendants violated his Eighth Amendment rights through deliberate indifference to 19 dangerous conditions of plaintiff’s confinement. Presently before the court is plaintiff’s First 20 Amended Complaint (“FAC”) for screening (ECF No. 13) and his motion for leave to proceed in 21 forma pauperis (ECF No. 7). For the reasons set forth below, plaintiff’s FAC is dismissed with 22 leave to amend. Plaintiff’s motion to proceed in forma pauperis will be granted. 23 //// 24 //// 25 //// 26 //// 27 //// 28 //// 1 IN FORMA PAUPERIS 2 Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 3 1915(a). (ECF No. 7.) Accordingly, plaintiff’s request to proceed in forma pauperis will be 4 granted. 5 Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 6 1914(a), 1915(b)(1). By this order, plaintiff will be assessed an initial partial filing fee in 7 accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct 8 the appropriate agency to collect the initial partial filing fee from plaintiff’s trust account and 9 forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated for monthly payments 10 of twenty percent of the preceding month’s income credited to plaintiff’s prison trust account. 11 These payments will be forwarded by the appropriate agency to the Clerk of the Court each time 12 the amount in plaintiff’s account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 13 1915(b)(2). 14 SCREENING 15 I. Legal Standards 16 The court is required to screen complaints brought by prisoners seeking relief against a 17 governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 18 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims 19 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 20 granted, or that seek monetary relief from a defendant who is immune from such relief. See 28 21 U.S.C. § 1915A(b)(1) & (2). 22 A claim is legally frivolous when it lacks an arguable basis either in law or in fact. 23 Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th 24 Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an 25 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 26 490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully 27 pleaded, has an arguable legal and factual basis. See Franklin, 745 F.2d at 1227. Rule 8(a)(2) of 28 the Federal Rules of Civil Procedure “requires only ‘a short and plain statement of the claim 1 showing that the pleader is entitled to relief,’ in order to ‘give the defendant fair notice of what 2 the . . . claim is and the grounds upon which it rests.’” Bell Atlantic Corp. v. Twombly, 550 U.S. 3 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). 4 However, in order to survive dismissal for failure to state a claim a complaint must 5 contain more than “a formulaic recitation of the elements of a cause of action;” it must contain 6 factual allegations sufficient “to raise a right to relief above the speculative level.” Bell Atlantic, 7 550 U.S. at 555. In reviewing a complaint under this standard, the court must accept as true the 8 allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S. 9 738, 740 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all 10 doubts in the plaintiff’s favor. Jenkins v. McKeithen, 395 U.S. 411, 421 (1969). 11 The Civil Rights Act under which this action was filed provides as follows: 12 Every person who, under color of [state law] . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation 13 of any rights, privileges, or immunities secured by the Constitution . . . shall be liable to the party injured in an action at law, suit in equity, 14 or other proper proceeding for redress. 15 42 U.S.C. § 1983. The statute requires that there be an actual connection or link between the 16 actions of the defendants and the deprivation alleged to have been suffered by plaintiff. See 17 Monell v. Dept. of Social Servs., 436 U.S. 658 (1978); Rizzo v. Goode, 423 U.S. 362 (1976). “A 18 person ‘subjects’ another to the deprivation of a constitutional right, within the meaning of § 19 1983, if he does an affirmative act, participates in another's affirmative acts or omits to perform 20 an act which he is legally required to do that causes the deprivation of which complaint is made.” 21 Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). 22 Moreover, supervisory personnel are generally not liable under § 1983 for the actions of 23 their employees under a theory of respondeat superior and, therefore, when a named defendant 24 holds a supervisorial position, the causal link between him and the claimed constitutional 25 violation must be specifically alleged. See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979); 26 Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir. 1978). Vague and conclusory allegations 27 concerning the involvement of official personnel in civil rights violations are not sufficient. See 28 Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). 1 II. Linkage Requirement 2 Under Section 1983, a plaintiff bringing an individual capacity claim must demonstrate 3 that each defendant personally participated in the deprivation of his rights. See Jones v. 4 Williams, 297 F.3d 930, 934 (9th Cir. 2002). There must be an actual connection or link between 5 the actions of the defendants and the deprivation alleged to have been suffered by plaintiff. See 6 Ortez v. Washington County, State of Oregon, 88 F.3d 804, 809 (9th Cir. 1996); see also Taylor 7 v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Conley v. Gibson
355 U.S. 41 (Supreme Court, 1957)
Jenkins v. McKeithen
395 U.S. 411 (Supreme Court, 1969)
Rizzo v. Goode
423 U.S. 362 (Supreme Court, 1976)
Estelle v. Gamble
429 U.S. 97 (Supreme Court, 1976)
Ingraham v. Wright
430 U.S. 651 (Supreme Court, 1977)
Monell v. New York City Dept. of Social Servs.
436 U.S. 658 (Supreme Court, 1978)
City of Oklahoma v. Tuttle
471 U.S. 808 (Supreme Court, 1985)
Whitley v. Albers
475 U.S. 312 (Supreme Court, 1986)
Neitzke v. Williams
490 U.S. 319 (Supreme Court, 1989)
Collins v. City of Harker Heights
503 U.S. 115 (Supreme Court, 1992)
McMillian v. Monroe County
520 U.S. 781 (Supreme Court, 1997)
Swierkiewicz v. Sorema N. A.
534 U.S. 506 (Supreme Court, 2002)
Watters v. Wachovia Bank, N. A.
550 U.S. 1 (Supreme Court, 2007)
Thomas v. Ponder
611 F.3d 1144 (Ninth Circuit, 2010)
Ivey v. Board of Regents of University of Alaska
673 F.2d 266 (Second Circuit, 1982)
Harry Franklin v. Ms. Murphy and Hoyt Cupp
745 F.2d 1221 (Ninth Circuit, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
(PC) Kamilchu v. County of Sacramento, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pc-kamilchu-v-county-of-sacramento-caed-2023.