1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 BARTON WILLIAMS, Case No. 20-cv-08560-VKD
9 Plaintiff, ORDER SCREENING COMPLAINT 10 v. PURSUANT TO 28 U.S.C. § 1915A; SETTING BRIEFING SCHEDULE; 11 LAURIE SMITH, VACATING SCHEDULING ORDER; DENYING MOTION FOR 12 Defendant. APPOINTMENT OF COUNSEL 13 Re: Dkt. No. 8
14 15 Pro se plaintiff Barton Williams, a prisoner at Kern Valley State Prison (“KVSP”), filed 16 suit in Santa Clara County Superior Court against Sheriff Laurie Smith of Santa Clara County for 17 alleged constitutional violations occurring while Mr. Williams was temporarily housed at Santa 18 Clara County Jail in San Jose, California. Defendant removed the action to this Court under 28 19 U.S.C. § 1441(a)(c). Dkt. No. 1. All parties have consented to magistrate judge jurisdiction. Dkt. 20 Nos. 7, 11. 21 I. STANDARD OF REVIEW 22 A federal court must conduct a preliminary screening in any case in which a prisoner seeks 23 redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. 24 § 1915A(a). In its review, the Court must identify any cognizable claims and dismiss any claims 25 that are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 26 monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), 27 (2). Pro se pleadings must be liberally construed. See Balistreri v. Pacifica Police Dep’t, 901 1 Defendant removed this action to federal court on the grounds that it involves a federal 2 question. Dkt. No. 1 at 1 (citing 28 U.S.C. § 1441(a)(c)). To state a claim arising under federal 3 law, it must be clear from the face of plaintiff’s well-pleaded complaint that there is a federal 4 question. See Easton v. Crossland Mortg. Corp., 114 F.3d 979, 982 (9th Cir. 1997) (per curiam). 5 The complaint asserts violations of rights under the Eighth and Fourteenth Amendments. Dkt. No. 6 1-1 at 7, 8. Accordingly, the Court will liberally construe the complaint as a civil rights action 7 under 42 U.S.C. § 1983, which “provides a cause of action for the ‘deprivation of any rights, 8 privileges, or immunities secured by the Constitution and laws’ of the United States.” Wilder v. 9 Virginia Hosp. Ass’n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983 is not 10 itself a source of substantive rights, but merely provides a method for vindicating federal rights 11 elsewhere conferred. See Graham v. Connor, 490 U.S. 386, 393–94 (1989). 12 To state a claim for relief under § 1983, a plaintiff must allege two essential elements: (1) 13 that a right secured by the Constitution or laws of the United States was violated, and (2) that the 14 alleged violation was committed by a person acting under the color of state law. See West v. 15 Atkins, 487 U.S. 42, 48 (1988). 16 II. BACKGROUND 17 Mr. Williams states that on or about August 23, 2018, he was transferred from KVSP to 18 Santa Clara County Jail (“Jail”) for “further court proceedings.” Dkt. No. 1-1 at 5. When he 19 arrived at the Jail, KVSP had sent along a medical order sheet listing Mr. Williams’s 20 medical/chronic care instructions and a current list of pain medication. Id. A “booking nurse” 21 reviewed his medical records upon arrival and informed Mr. Williams that she was unable to give 22 him his medication but that the Jail doctor would see him the next day. Id. Mr. Williams’s 23 medical needs included pain medication for his injured knee and ankle. Id. at 6–7. Mr. 24 Williams’s efforts to obtain medical care included making daily inquiries to the pill call nurse, 25 filing several in-house grievances, having his attorney contact the jail medical staff, and obtaining 26 paperwork from his parole officer showing his medical needs. Id. at 5–6. However, Mr. Williams 27 was not seen by a doctor for almost the entire time he was at the Jail, i.e., from August 23, 2018, 1 he was finally seen by Dr. Emilee Wilhelm, who examined him and took x-rays of his injured 2 knee and ankle but still refused to provide medication that had been prescribed by “CDCR 3 doctors.” Id. at 6–7. 4 Mr. Williams says he suffered needlessly due to the deliberate indifference and negligence 5 of the Jail medical staff. Id. at 8. Mr. Williams claims defendant Sheriff Laurie Smith is liable for 6 the violation of his Eighth Amendment right to be free from cruel and unusual punishment 7 because she oversees jail operations and “is aware . . . the medical departments assigned to the jail 8 is inadequate and that the prisoners are being denied medical care and being delayed care as stated 9 in an ongoing class action lawsuit.” Id. at 7. Mr. Williams also claims Sheriff Smith violated his 10 right to due process under the Fourteenth Amendment “by depriving [him] of an opportunity to 11 aggrieve the conditions of his confinement and denial of medical treatment.” Id. at 9. Mr. 12 Williams seeks declaratory relief as well as damages. Id. at 9. 13 III. DISCUSSION 14 A. Plaintiff’s Claims 15 Liberally construed, Mr. Williams’s allegations are sufficient to state a cognizable § 1983 16 claim for deliberate indifference to serious medical needs under the Eighth Amendment against 17 Sheriff Smith based on supervisor liability. See Estelle v. Gamble, 429 U.S. 97, 104 (1976) 18 (deliberate indifference to prisoner’s serious medical needs violates the Eighth Amendment); 19 Henry A. v. Willden, 678 F.3d 991, 1003–d04 (9th Cir. 2012) (supervisor may be liable under 20 § 1983 upon showing of either person involvement in the constitutional deprivation or sufficient 21 causal connection between supervisor’s wrongful conduct and the constitutional violation). Even 22 if a supervisory official is not directly involved in the allegedly unconstitutional conduct, “[a] 23 supervisor can be liable in this individual capacity for his own culpable action or inaction in the 24 training, supervision, or control of his subordinates; for his acquiescence in the constitutional 25 deprivation; or for conduct that showed a reckless or callous indifference to the rights of others.” 26 Starr v. Baca, 652 F.3d 1202, 1208 (9th Cir. 2011) (citation omitted). The claim that a 27 supervisory official “knew of unconstitutional conditions and ‘culpable actions of his 1 subordinates’ and is ‘sufficient to state a claim of supervisory liability.’” Keates v. Koile, 883 2 F.3d 1228, 1243 (9th Cir. 2018) (quoting Starr, 652 F.3d at 1208). 3 On the other hand, Mr. Williams’s allegations fail to state a due process claim under the 4 Fourteenth Amendment.
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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 BARTON WILLIAMS, Case No. 20-cv-08560-VKD
9 Plaintiff, ORDER SCREENING COMPLAINT 10 v. PURSUANT TO 28 U.S.C. § 1915A; SETTING BRIEFING SCHEDULE; 11 LAURIE SMITH, VACATING SCHEDULING ORDER; DENYING MOTION FOR 12 Defendant. APPOINTMENT OF COUNSEL 13 Re: Dkt. No. 8
14 15 Pro se plaintiff Barton Williams, a prisoner at Kern Valley State Prison (“KVSP”), filed 16 suit in Santa Clara County Superior Court against Sheriff Laurie Smith of Santa Clara County for 17 alleged constitutional violations occurring while Mr. Williams was temporarily housed at Santa 18 Clara County Jail in San Jose, California. Defendant removed the action to this Court under 28 19 U.S.C. § 1441(a)(c). Dkt. No. 1. All parties have consented to magistrate judge jurisdiction. Dkt. 20 Nos. 7, 11. 21 I. STANDARD OF REVIEW 22 A federal court must conduct a preliminary screening in any case in which a prisoner seeks 23 redress from a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. 24 § 1915A(a). In its review, the Court must identify any cognizable claims and dismiss any claims 25 that are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 26 monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1), 27 (2). Pro se pleadings must be liberally construed. See Balistreri v. Pacifica Police Dep’t, 901 1 Defendant removed this action to federal court on the grounds that it involves a federal 2 question. Dkt. No. 1 at 1 (citing 28 U.S.C. § 1441(a)(c)). To state a claim arising under federal 3 law, it must be clear from the face of plaintiff’s well-pleaded complaint that there is a federal 4 question. See Easton v. Crossland Mortg. Corp., 114 F.3d 979, 982 (9th Cir. 1997) (per curiam). 5 The complaint asserts violations of rights under the Eighth and Fourteenth Amendments. Dkt. No. 6 1-1 at 7, 8. Accordingly, the Court will liberally construe the complaint as a civil rights action 7 under 42 U.S.C. § 1983, which “provides a cause of action for the ‘deprivation of any rights, 8 privileges, or immunities secured by the Constitution and laws’ of the United States.” Wilder v. 9 Virginia Hosp. Ass’n, 496 U.S. 498, 508 (1990) (quoting 42 U.S.C. § 1983). Section 1983 is not 10 itself a source of substantive rights, but merely provides a method for vindicating federal rights 11 elsewhere conferred. See Graham v. Connor, 490 U.S. 386, 393–94 (1989). 12 To state a claim for relief under § 1983, a plaintiff must allege two essential elements: (1) 13 that a right secured by the Constitution or laws of the United States was violated, and (2) that the 14 alleged violation was committed by a person acting under the color of state law. See West v. 15 Atkins, 487 U.S. 42, 48 (1988). 16 II. BACKGROUND 17 Mr. Williams states that on or about August 23, 2018, he was transferred from KVSP to 18 Santa Clara County Jail (“Jail”) for “further court proceedings.” Dkt. No. 1-1 at 5. When he 19 arrived at the Jail, KVSP had sent along a medical order sheet listing Mr. Williams’s 20 medical/chronic care instructions and a current list of pain medication. Id. A “booking nurse” 21 reviewed his medical records upon arrival and informed Mr. Williams that she was unable to give 22 him his medication but that the Jail doctor would see him the next day. Id. Mr. Williams’s 23 medical needs included pain medication for his injured knee and ankle. Id. at 6–7. Mr. 24 Williams’s efforts to obtain medical care included making daily inquiries to the pill call nurse, 25 filing several in-house grievances, having his attorney contact the jail medical staff, and obtaining 26 paperwork from his parole officer showing his medical needs. Id. at 5–6. However, Mr. Williams 27 was not seen by a doctor for almost the entire time he was at the Jail, i.e., from August 23, 2018, 1 he was finally seen by Dr. Emilee Wilhelm, who examined him and took x-rays of his injured 2 knee and ankle but still refused to provide medication that had been prescribed by “CDCR 3 doctors.” Id. at 6–7. 4 Mr. Williams says he suffered needlessly due to the deliberate indifference and negligence 5 of the Jail medical staff. Id. at 8. Mr. Williams claims defendant Sheriff Laurie Smith is liable for 6 the violation of his Eighth Amendment right to be free from cruel and unusual punishment 7 because she oversees jail operations and “is aware . . . the medical departments assigned to the jail 8 is inadequate and that the prisoners are being denied medical care and being delayed care as stated 9 in an ongoing class action lawsuit.” Id. at 7. Mr. Williams also claims Sheriff Smith violated his 10 right to due process under the Fourteenth Amendment “by depriving [him] of an opportunity to 11 aggrieve the conditions of his confinement and denial of medical treatment.” Id. at 9. Mr. 12 Williams seeks declaratory relief as well as damages. Id. at 9. 13 III. DISCUSSION 14 A. Plaintiff’s Claims 15 Liberally construed, Mr. Williams’s allegations are sufficient to state a cognizable § 1983 16 claim for deliberate indifference to serious medical needs under the Eighth Amendment against 17 Sheriff Smith based on supervisor liability. See Estelle v. Gamble, 429 U.S. 97, 104 (1976) 18 (deliberate indifference to prisoner’s serious medical needs violates the Eighth Amendment); 19 Henry A. v. Willden, 678 F.3d 991, 1003–d04 (9th Cir. 2012) (supervisor may be liable under 20 § 1983 upon showing of either person involvement in the constitutional deprivation or sufficient 21 causal connection between supervisor’s wrongful conduct and the constitutional violation). Even 22 if a supervisory official is not directly involved in the allegedly unconstitutional conduct, “[a] 23 supervisor can be liable in this individual capacity for his own culpable action or inaction in the 24 training, supervision, or control of his subordinates; for his acquiescence in the constitutional 25 deprivation; or for conduct that showed a reckless or callous indifference to the rights of others.” 26 Starr v. Baca, 652 F.3d 1202, 1208 (9th Cir. 2011) (citation omitted). The claim that a 27 supervisory official “knew of unconstitutional conditions and ‘culpable actions of his 1 subordinates’ and is ‘sufficient to state a claim of supervisory liability.’” Keates v. Koile, 883 2 F.3d 1228, 1243 (9th Cir. 2018) (quoting Starr, 652 F.3d at 1208). 3 On the other hand, Mr. Williams’s allegations fail to state a due process claim under the 4 Fourteenth Amendment. California Code of Regulations, Title 15 sections 1073 and 3084, grant 5 prisoners in the county jails and state prisons a purely procedural right: the right to have a prison 6 appeal.1 The regulations simply require the establishment of a procedural structure for reviewing 7 prisoner complaints and set forth no substantive standards. Instead, they provide for flexible 8 appeal time limits, see Cal. Code Regs. tit. 15, § 3084.6, and, at most, that “no reprisal shall be 9 taken against an inmate or parolee for filing an appeal,” id. § 3084.1(d). A provision that merely 10 provides procedural requirements, even if mandatory, cannot form the basis of a constitutionally 11 cognizable liberty interest. See Smith v. Noonan, 992 F.2d 987, 989 (9th Cir. 1993); see also 12 Antonelli v. Sheahan, 81 F.3d 1422, 1430 (7th Cir. 1996) (prison grievance procedure is 13 procedural right that does not give rise to protected liberty interest requiring procedural 14 protections of Due Process Clause); Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1993) (same); 15 Azeez v. DeRobertis, 568 F. Supp. 8, 10 (N.D. Ill. 1982) (same). A prison official’s failure to 16 process grievances, without more, accordingly is not actionable under § 1983. See Buckley, 997 17 F.2d at 495; see also Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (holding that prisoner’s 18 claimed loss of a liberty interest in the processing of his appeals does not violate due process 19 because prisoners lack a separate constitutional entitlement to a specific prison grievance system). 20 Here, there are no factual allegations to support Mr. Williams’s claim that Sheriff Smith 21 “deprived” him of the opportunity to file grievances while at the Jail. Rather, Mr. Williams states 22 that he did file in-house grievances “and was not granted medical care.” Dkt. No. 1-1 at 6, ¶ 8. 23 The allegation that he did not receive a satisfactory response to his grievances does not state a 24 claim for a violation of any due process rights. Lastly, although Mr. Williams has a right under 25 the First Amendment to pursue prison grievances, there is no right to a response or any particular 26 action. See Flick v. Alba, 932 F.2d 728, 729 (8th Cir. 1991) (“prisoner’s right to petition the 27 1 government for redress . . . is not compromised by the prison’s refusal to entertain his 2 grievance.”). Accordingly, Mr. Williams’s due process claim is dismissed for failure to state a 3 claim upon which relief may be granted. 4 B. Motion for Appointment of Counsel 5 Mr. Williams moves for appointment of counsel based on his indigency, the complexity of 6 the issues, limited access to law library, and limited legal knowledge. Dkt. No. 8 at 1–2. He also 7 asserts that counsel would be helpful in the event of a trial. Id. at 2. There is no constitutional 8 right to counsel in a civil case unless an indigent litigant may lose his physical liberty if he loses 9 the litigation. See Lassiter v. Dep’t of Soc. Servs., 452 U.S. 18, 25 (1981); Rand v. Rowland, 113 10 F.3d 1520, 1525 (9th Cir. 1997) (no constitutional right to counsel in § 1983 action), withdrawn in 11 part on other grounds on reh’g en banc, 154 F.3d 952 (9th Cir. 1998) (en banc). The decision to 12 request counsel to represent an indigent litigant under § 1915 is within “the sound discretion of the 13 trial court and is granted only in exceptional circumstances.” Franklin v. Murphy, 745 F.2d 1221, 14 1236 (9th Cir. 1984). Here, the challenges Mr. Williams describes do not amount to the kind of 15 exceptional circumstances that warrant appointment of counsel at this time. Accordingly, his 16 motion is denied. See Agyeman v. Corr. Corp. of Am., 390 F.3d 1101, 1103 (9th Cir. 2004); Rand, 17 113 F.3d at 1525; Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); Wilborn v. Escalderon, 18 789 F.2d 1328, 1331 (9th Cir. 1986). This denial is without prejudice to the Court’s sua sponte 19 appointment of counsel at a future date should the circumstances of this case warrant such 20 appointment. 21 IV. CONCLUSION 22 For the foregoing reasons, the Court orders as follows: 23 1. Mr. Williams’s due process claim is dismissed for failure to state a claim upon 24 which relief may be granted. See 28 U.S.C. § 1915A(b)(1), (2). This action shall proceed solely 25 on the Eighth Amendment deliberate indifference claim against Sheriff Smith. 26 2. Mr. Williams’s motion for appointment of counsel is denied for lack of exceptional 27 circumstances. 1 or defendant’s counsel, by mailing a true copy of the document to defendant or defendant’s 2 counsel. 3 4. No later than ninety-one (91) days from the filing date of this order, defendant 4 may file a motion for summary judgment or other dispositive motion with respect to the claims in 5 the complaint found to be cognizable above. 6 a. Any motion for summary judgment shall be supported by adequate factual 7 documentation and shall conform in all respects to Rule 56 of the Federal Rules of Civil 8 Procedure. Defendant is advised that summary judgment cannot be granted, nor qualified 9 immunity found, if material facts are in dispute. If defendant is of the opinion that this case 10 cannot be resolved by summary judgment, she shall so inform the Court prior to the date the 11 summary judgment motion is due. 12 b. In the event defendant files a motion for summary judgment, the Ninth 13 Circuit has held that, as a pro se prisoner, Mr. Williams must be concurrently provided the 14 appropriate warnings under Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (en banc). 15 See Woods v. Carey, 684 F.3d 934, 940 (9th Cir. 2012). 16 5. Mr. Williams’s opposition to any dispositive motion shall be filed with the Court 17 and served on defendant no later than twenty-eight (28) days from the date defendant’s motion is 18 filed. The Court advises Mr. Williams to read Rule 56 of the Federal Rules of Civil Procedure and 19 Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (holding party opposing summary judgment must 20 come forward with evidence showing triable issues of material fact on every essential element of 21 his claim). Mr. Williams is cautioned that failure to file an opposition to defendant’s motion for 22 summary judgment may be deemed to be a consent by Mr. Williams to the granting of the motion, 23 and granting of judgment against Mr. Williams without a trial. See Ghazali v. Moran, 46 F.3d 52, 24 53–54 (9th Cir. 1995) (per curiam); Brydges v. Lewis, 18 F.3d 651, 653 (9th Cir. 1994). 25 6. Defendant shall file a reply brief no later than fourteen (14) days after Mr. 26 Williams’s opposition is filed. 27 7. The motion shall be deemed submitted as of the date the reply brief is due. No 1 case management scheduling order setting a conference for March 9, 2021 (Dkt. No. 4) is 2 hereby VACATED. 3 8. Discovery may be taken in accordance with the Federal Rules of Civil Procedure. 4 No further court order under Federal Rule of Civil Procedure 30(a)(2) or Local Rule 16-1 is 5 required before the parties may conduct discovery. 6 9. It is Mr. Williams’s responsibility to prosecute this case. Mr. Williams must keep 7 || the Court informed of any change of address and must comply with the Court’s orders in a timely 8 fashion. Failure to do so may result in the dismissal of this action for failure to prosecute pursuant 9 to Federal Rule of Civil Procedure 41(b). 10 10. Extensions of time must be filed no later than the deadline sought to be extended 11 and must be accompanied by a showing of good cause. 12 This order terminates Docket No. 8. 13 IT IS SO ORDERED. || Dated: February 22, 2021
ose □ Uniauin®, □□□□□□ 5 7 Re Nn K. DEMARCHI nited States Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28