Phillip Michael Angellan v. Demetrios Kargas and Nancy Dahlstrom

CourtDistrict Court, D. Alaska
DecidedFebruary 23, 2026
Docket3:25-cv-00306
StatusUnknown

This text of Phillip Michael Angellan v. Demetrios Kargas and Nancy Dahlstrom (Phillip Michael Angellan v. Demetrios Kargas and Nancy Dahlstrom) 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
Phillip Michael Angellan v. Demetrios Kargas and Nancy Dahlstrom, (D. Alaska 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA PHILLIP MICHAEL ANGELLAN,

Plaintiff, v. Case No. 3:25-cv-00306-SLG

DEMETRIOS KARGAS and NANCY DAHLSTROM,

Defendants.

SCREENING ORDER On October 28, 2025, self-represented prisoner Phillip Michael Angellan (“Plaintiff”) filed a civil complaint, a civil cover sheet, an application to waive prepayment of the filing fee, and summons on a state court form.1 Plaintiff’s claims relate to events that allegedly occurred while he was housed at the Yukon Kuskokwim Correctional Center (“YKCC”) in the custody of the Alaska Department of Corrections (“DOC”) as a pretrial detainee.2 Plaintiff’s Complaint alleges that YKCC Superintendent Demetrios Kargas and former DOC Commissioner Nancy Dahlstrom violated his rights by exposing him to unsafe water after a sewer pipe burst in September 2021 and contaminated the facility’s well water. Plaintiff claims that he “soon began to have stomach and intestinal problems.”3 Plaintiff alleges

1 Dockets 1-3. 2 Docket 1 at 3. 3 Docket 1 at 3. that his medical issues continued to worsen because the sewage-contaminated well water at YKCC was the only water available to him until June or July 2022 when YKCC began using “city water.”4 Plaintiff claims that on or about December

7, 2023, he was diagnosed with Helicobacter pylori (“H. pylori”) and told that he has “severe damage” to his stomach.5 For relief, Plaintiff seeks damages in the amount of $1,000,000 and reimbursement for any future medical costs.6 SCREENING STANDARD Under the Prison Litigation Reform Act, a federal district court must screen

complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity.7 In this screening, a district court shall dismiss the complaint at any time if the court determines that the complaint: (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.8 In conducting its screening review, a district court must accept as true the allegations of the complaint, construe the complaint in the light most favorable to

4 Docket 1 at 3. 5 Docket 1 at 3. 6 Docket 1 at 8. 7 28 U.S.C. §§ 1915, 1915A. 8 28 U.S.C. § 1915(e)(2)(B). Case No. 3:25-cv-00306-SLG, Angellan v. Kargas, et al. the plaintiff, and resolve all doubts in the plaintiff's favor.9 However, a court is not required to accept as true conclusory allegations, unreasonable inferences, or unwarranted deductions of fact.10 Although generally the scope of review is limited

to the contents of the complaint, a court may also consider documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice.11 Such documents that contradict the allegations of a complaint may fatally undermine the complaint's allegations.12 Moreover, even if a complaint meets the pleading requirements, dismissal under § 1915 is still appropriate if an

affirmative defense, such as untimeliness, is an “obvious bar to securing relief on the face of the complaint.”13 Before a court may dismiss any portion of a complaint, a court must provide a self-represented plaintiff with a statement of the deficiencies in the complaint and an opportunity to file an amended complaint, unless to do so would be futile.14

9Bernhardt v. L.A. County, 339 F.3d 920, 925 (9th Cir. 2003). 10 Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001), amended by 275 F.3d 1187 (2001). 11 United States v. Ritchie, 342 F.3d 903, 908 (9th Cir. 2003). 12 Sprewell, 266 F.3d at 988 (noting that a plaintiff can “plead himself out of a claim by including . . . details contrary to his claims”). 13 Washington v. Los Angeles Cnty. Sheriff’s Dep’t., 833 F.3d 1048, 1056 (9th Cir. 2016) (internal quotation marks omitted). 14 Karim-Panahi v. Los Angeles Police Dep't, 839 F.2d 621, 623 (9th Cir. 1988); see also Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir.1987) ("Without the benefit of a statement of deficiencies, the pro se litigant will likely repeat previous errors."). Case No. 3:25-cv-00306-SLG, Angellan v. Kargas, et al. Futility exists when “the allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency.”15 DISCUSSION

I. Requirements to State a Claim Rule 8 of the Federal Rules of Civil Procedure instructs that a complaint must contain a “short and plain statement of the claim showing that the [complainant] is entitled to relief[.]”16 A complaint must allege that the plaintiff suffered a specific injury as a result of the conduct of a particular defendant, and it

must allege an affirmative link between that specific injury and the conduct of that defendant.17 II. Civil Rights Claims under 42 U.S.C. § 1983 (“Section 1983”) To state a claim for relief under Section 1983, a plaintiff must allege plausible facts that, if proven, would establish that (1) the defendant acting under color of state law (2) deprived the plaintiff of rights secured by the federal Constitution or

federal statute.18 To act under color of state law, a complaint must allege that the defendant acted with state authority as a state actor.19 To be deprived of a right,

15Schreiber Distributing Co. v. Serv-Well Furniture Co., 806 F.2d 1393, 1401 (9th Cir. 1986) (citation omitted). 16 Fed. R. Civ. P. 8(a)(2). 17 Rizzo v. Goode, 423 U.S. 362, 371-72 (1976). 18 Gibson v. United States, 781 F.2d 1334, 1338 (9th Cir. 1986). 19 West v. Atkins, 487 U.S. 42, 49 (1988) (quoting United States v. Classic, 313 U.S. 299, 326 (1941)). Case No. 3:25-cv-00306-SLG, Angellan v. Kargas, et al. the defendant’s action must either violate a right guaranteed by the Constitution or an enforceable right created by a federal statute.20 Section 1983 does not confer constitutional or federal statutory rights. Instead, it provides a mechanism for

remedying violations of pre-existing federal rights.21 A person acting under the color of state law “‘subjects’ another to the deprivation of a constitutional right, within the meaning of Section 1983, if the person does an affirmative act, participates in another's affirmative acts, or omits to perform an act which he is legally required to do that causes the deprivation of

which complaint is made.”22 A supervisor can be held liable in his or her individual capacity under § 1983 only if (1) the supervisor personally participated in the constitutional violation, or (2) there is a “sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation.”23

III. Screening Review of Plaintiff’s claims Plaintiff claims he became sick after dinking contaminated water while a pretrial detainee at YKCC.

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Bell v. Wolfish
441 U.S. 520 (Supreme Court, 1979)
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Johnson v. Duffy
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Gibson v. United States
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Phillip Michael Angellan v. Demetrios Kargas and Nancy Dahlstrom, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillip-michael-angellan-v-demetrios-kargas-and-nancy-dahlstrom-akd-2026.