Opinion

(PC) Crump v. O'Campo

Court
District Court, E.D. California
Filed
Mar 15, 2021
Cited by
0 cases
Authority
More cited than 17.6%

double-celling does not violate Eighth Amendment 28 unless it amounts to unnecessary and wanton pain

How later courts described this case

  • double-celling does not violate Eighth Amendment 28 unless it amounts to unnecessary and wanton pain

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 STEVE CRUMP, No. 2:20-cv-2343 KJN P

12 Plaintiff,

13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 A. O’CAMPO, et al.,

15 Defendants.

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17 Plaintiff is a state prisoner, proceeding without counsel, and seeks relief pursuant to 42

18 U.S.C. § 1983. Plaintiff’s renewed motion for preliminary injunction is before the court. (ECF

19 No. 31.) As discussed below, the undersigned recommends that plaintiff’s motion be denied.

20 I. Plaintiff’s Amended Complaint

21 This action proceeds on plaintiff’s amended complaint against defendant O’Campo.

22 Plaintiff alleges the following. In October of 2019, after allegedly conflicting responses as to

23 whether defendant O’Campo would renew plaintiff’s single cell chrono, plaintiff filed health care

24 grievances against O’Campo based on her revoking his single cell status. In retaliation for such

25 grievances, defendant allegedly threatened to house plaintiff with a gang member, then, through

26 “intimidation, threats of harm and fear,” told plaintiff that O’Campo “would reduce [plaintiff’s]

27 mental health level of care from the Enhanced Outpatient Program [“EOP”] to the

28 ////

1 C.C.M.S.” level of care,1 and then did so. (ECF No. 5 at 4.) For such alleged violation of

2 plaintiff’s First Amendment rights, plaintiff seeks money damages and a court order granting

3 plaintiff single cell status and reinstating his mental health care to the EOP level of care. (ECF

4 No. 5 at 6.)

5 II. Law Governing Motions for Injunctive Relief

6 “A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter

7 v. Natural Resources Defense Council, Inc., 555 U.S. 7, 24 (2008) (citation omitted). “A plaintiff

8 seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he

9 is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities

10 tips in his favor, and that an injunction is in the public interest.” Marlyn Nutraceuticals, Inc. v.

11 Mucos Pharma GmbH & Co., 571 F.3d 873, 877 (9th Cir. 2009) (quoting Winter, 555 U.S. at 20).

12 An injunction may only be awarded upon a clear showing that the plaintiff is entitled to relief.

13 See Winter, 555 U.S. at 22 (citation omitted).

14 The propriety of a request for injunctive relief hinges on a significant threat of irreparable

15 injury that must be imminent in nature. Caribbean Marine Serv. Co. v. Baldridge, 844 F.2d 668,

16 674 (9th Cir. 1988). Speculative injury does not constitute irreparable harm. See id.; Goldie’s

17 Bookstore, Inc. v. Superior Court, 739 F.2d 466, 472 (9th Cir. 1984). A presently existing actual

18 threat must be shown, although the injury need not be certain to occur. Zenith Radio Corp. v.

19 Hazeltine Research, Inc., 395 U.S. 100, 130-31 (1969); FDIC v. Garner, 125 F.3d 1272, 1279-80

20 (9th Cir. 1997), cert. denied, 523 U.S. 1020 (1998).

21 In cases brought by prisoners involving conditions of confinement, any preliminary

22 injunction “must be narrowly drawn, extend no further than necessary to correct the harm the

23 court finds requires preliminary relief, and be the least intrusive means necessary to correct the

24 harm.” 18 U.S.C. § 3626(a)(2).

25 ////

26 1 The Mental Health Services Delivery System Program Guide for the California Department of

Corrections and Rehabilitation provides four levels of mental health care services: Correctional

27 Clinical Case Management System (“CCCMS”); Enhanced Outpatient (“EOP”); Mental Health

Crisis Bed (“MHCB”) and inpatient hospital care. Coleman v. Brown, 2013 WL 6491529, at *1

28 (E.D. Cal. Dec. 10, 2013).

1 III. Plaintiff’s Motion

2 Plaintiff seeks an order enjoining defendant and prison officials from placing plaintiff in a

3 cell with another inmate. (ECF No. at 1-2, 6.) Plaintiff claims he has been diagnosed with

4 significant paranoia, depression, and anxiety, and has safety fears, and was determined to be “an

5 easy target for mainline inmates,” and was twice assaulted in his cell prior to 2014. (ECF No. 31

6 at 2, 4.) Plaintiff was previously provided single cell assignments in 2005 and 2014. But in

7 October of 2019, plaintiff avers that defendant O’Campo retaliated against plaintiff for filing

8 health care grievances against her, “through intimidation, threats of harm and coercion, resulting

9 in plaintiff being brought to committee and having his single cell status revoked, and his mental

10 health level of care was reduced from EOP to CCCMS.” (ECF No. 31 at 3.) Plaintiff claims he

11 will continue to be irreparably injured unless the court grants his request for preliminary

12 injunction.

13 IV. Discussion

14 As explained in the court’s prior order, plaintiff is required to address each element under

15 Winter. (ECF No. 29.) Plaintiff has again failed to do so. Plaintiff has not demonstrated that he

16 is likely to succeed on the merits of this action, that the balance of equities tips in his favor, or

17 that an injunction is in the public interest. Although plaintiff claims that he will be irreparably

18 injured by the defendant’s conduct, he fails to provide specific facts demonstrating he is at risk of

19 imminent harm; indeed, the actions of defendant occurred in October of 2019. Because plaintiff

20 fails to demonstrate he meets all the elements under Winter, his motion should be denied.

21 In addition, the court previously explained that single cell housing for inmates with mental

22 health concerns is addressed by a classification committee, not solely based on a recommendation

23 by defendant. (ECF No. 29 at 2-3, citing Cal. Code Regs. tit. 15, § 3269(f).) “A federal court

24 may issue an injunction [only] if it has personal jurisdiction over the parties and subject matter

25 jurisdiction over the claim; it may not attempt to determine the rights of persons not before the

26 court.” Zepeda v. United States Immigration Service, 753 F.2d 719, 727 (9th Cir. 1985); see Fed.

27 R. Civ. P. 65(d)(2) (listing persons bound by an injunction). Thus, plaintiff is unable to obtain

28 injunctive relief as to “prison officials” or other individuals not appearing in this action. Without

1 jurisdiction over such individuals, the court lacks the authority to issue injunctive relief against

2 them. See Zepeda, 753 F.2d at 727; Fed. R. Civ. P. 65(a)(1) (“The court may issue a preliminary

3 injunction only on notice to the adverse party.”).

4 Moreover, plaintiff’s motion tracks the allegations of his operative pleading. That

5 plaintiff’s pending motion for injunctive relief reflects an ultimate issue in this case renders

6 preliminary injunctive relief inappropriate. Absent facts not alleged here, the balance of equities

7 weighs in favor of defendant because plaintiff seeks preliminary injunctive relief on ultimate

8 issues in this case. Also, on the instant record, the public interest weighs in favor of not

9 interfering with prison administration, particularly with regard to mental health treatment and

10 housing decisions.2

11 Therefore, the undersigned finds that the factors warranting preliminary injunctive relief

12 weigh against plaintiff, and his motion (ECF No. 31) should be denied.

13 V. Conclusion

14 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to assign

15 a district judge to this case.

16 Further, IT IS RECOMMENDED that plaintiff’s motion for preliminary injunction (ECF

17 No. 31) be denied.

18 These findings and recommendations are submitted to the United States District Judge

19 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days

20 after being served with these findings and recommendations, any party may file written

21 objections with the court and serve a copy on all parties. Such a document should be captioned

22 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

23 objections shall be filed and served within fourteen days after service of the objections. The

24 ////

25 ////

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27 2 A prisoner does not have an Eighth Amendment right to be housed in a single cell. See Rhodes

v. Chapman, 452 U.S. 337, 347-48 (1981) (double-celling does not violate Eighth Amendment

28 unless it amounts to unnecessary and wanton pain).

1 | parties are advised that failure to file objections within the specified time may waive the right to

2 | appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

3 | Dated: March 15, 2021

‘ Fens Arn

5 KENDALL J. NE

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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