Opinion

Durrell Anthony Puckett v. Officer David Bolanos

Court
District Court, C.D. California
Filed
Mar 24, 2020
Cited by
0 cases
Authority
More cited than 17.9%

“[W]e are not required to 12 accept as true conclusory allegations which are contradicted by 13 documents referred to in the complaint.”

How later courts described this case

  • “[W]e are not required to 12 accept as true conclusory allegations which are contradicted by 13 documents referred to in the complaint.”
  • failure of prison officials to protect inmate from 5 attack “may rise to the level of an Eighth Amendment violation 6 when: (1) the deprivation alleged is ‘objectively, sufficiently 7 serious’ and (2
  • finding that district court properly 10 dismissed civil-rights claim when plaintiff’s “conclusory 11 allegations” did not support it

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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DURRELL ANTHONY PUCKETT, ) Case No. CV 19-7688-JLS (JPR)

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Plaintiff, ) ORDER DISMISSING SECOND AMENDED

) COMPLAINT WITH LEAVE TO AMEND

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v. )

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OFFICER D. BOLANOS et al., )

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Defendants. )

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17 On September 5, 2019, Plaintiff, a state inmate proceeding

18 pro se, filed a civil-rights action under 42 U.S.C. § 1983

19 against numerous employees of the California State Prison, Los

20 Angeles County. He was subsequently granted leave to proceed in

21 forma pauperis. On December 12, 2019, before the Court could

22 screen the Complaint, he filed a First Amended Complaint. On

23 January 19, 2020, the Court dismissed the FAC with leave to

24 amend. On February 11, 2020, he filed a Second Amended

25 Complaint.

26 Plaintiff’s claims arise primarily from several December 28,

27 2017 incidents during which prison guards allegedly assaulted

28 him. He has named as Defendants the following CSP-LAC employees:

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1 correctional sergeants Salvador Bermudez and Miguel Mendoza;

2 correctional officers David Bolanos, Pedro Castellanos, Aaron

3 Altamirano, Raymond Monteon, David Melos-Trejos, Richard Tull,

4 Robert Anderson, Michael Dilger, and Carlos Flores; and “[p]sych

5 [t]ech[s]” Erika Rios and Clark.1 (SAC at 2-6 (the Court uses

6 the pagination generated by its official Case Management/

7 Electronic Case Filing system).) He sues them in only their

8 individual capacity, and he seeks damages. (Id. at 2-6, 9.)

9 After screening the SAC under 28 U.S.C. §§ 1915(e)(2) and

10 1915A, the Court finds that some of its allegations fail to state

11 a claim on which relief might be granted. Because those claims

12 might be cured by amendment, the SAC is dismissed with leave to

13 amend. See Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir.

14 2000) (en banc) (holding that pro se litigant must be given leave

15 to amend complaint unless absolutely clear that deficiencies

16 cannot be cured). If Plaintiff desires to pursue any of his

17 claims, he is ORDERED to file a third amended complaint within 28

18 days of the date of this order, remedying the deficiencies

19 discussed below.

20 STANDARD OF REVIEW

21 A complaint may be dismissed as a matter of law for failure

22 to state a claim “where there is no cognizable legal theory or an

23 absence of sufficient facts alleged to support a cognizable legal

24 theory.” Shroyer v. New Cingular Wireless Servs., Inc., 622 F.3d

25 1035, 1041 (9th Cir. 2010) (as amended) (citation omitted);

26 accord O’Neal v. Price, 531 F.3d 1146, 1151 (9th Cir. 2008). In

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28 1 Plaintiff says Clark’s first name is “unknown.” (SAC at 3.)

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1 considering whether a complaint states a claim, a court must

2 generally accept as true all the factual allegations in it.

3 Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Hamilton v. Brown,

4 630 F.3d 889, 892-93 (9th Cir. 2011). The court need not accept

5 as true, however, “allegations that are merely conclusory,

6 unwarranted deductions of fact, or unreasonable inferences.” In

7 re Gilead Scis. Sec. Litig., 536 F.3d 1049, 1055 (9th Cir. 2008)

8 (citation omitted); see also Shelton v. Chorley, 487 F. App’x

9 388, 389 (9th Cir. 2012) (finding that district court properly

10 dismissed civil-rights claim when plaintiff’s “conclusory

11 allegations” did not support it).

12 Although a complaint need not include detailed factual

13 allegations, it “must contain sufficient factual matter, accepted

14 as true, to ‘state a claim to relief that is plausible on its

15 face.’” Iqbal, 556 U.S. at 678 (quoting Bell Atl. Corp. v.

16 Twombly, 550 U.S. 544, 570 (2007)); Yagman v. Garcetti, 852 F.3d

17 859, 863 (9th Cir. 2017). A claim is facially plausible when it

18 “allows the court to draw the reasonable inference that the

19 defendant is liable for the misconduct alleged.” Iqbal, 556 U.S.

20 at 678. “A document filed pro se is ‘to be liberally construed,’

21 and ‘a pro se complaint, however inartfully pleaded, must be held

22 to less stringent standards than formal pleadings drafted by

23 lawyers.’” Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per

24 curiam) (citations omitted); Byrd v. Phx. Police Dep’t, 885 F.3d

25 639, 642 (9th Cir. 2018) (per curiam).

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1 DISCUSSION

2 I. Some of the SAC’s Allegations Fail to State a Claim on Which

3 Relief Might Be Granted

4 Although the allegations in the SAC provide a somewhat

5 clearer picture of what transpired and who was involved in the

6 alleged attacks giving rise to Plaintiff’s claims than those in

7 the FAC — for instance, he clarifies that he was attacked “(3)

8 times in 10 minutes” (SAC at 11) — there remain glaring problems

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that he must fix to state cognizable Eighth Amendment claims.2

10 For instance, Plaintiff’s allegations that on December 28,

11 2017, Bolanos “intentionally pepper spray[ed]” him; Castellanos,

12 Flores, and Mendoza struck him “multiple times” and called him

13 “racial slurs”; Anderson “beat [him]”; and Melos-Trejos and

14 Altamirano hit him “a lot” with a baton while he was naked (id.

15 at 8) sufficiently establish those Defendants’ role in the

16 attacks. But some of his other allegations are not as clear.

17 The only allegations about Monteon and Dilger are that they tried

18 to “pump everything up.” (Id.) That ambiguous phrase can mean

19 almost anything and is insufficient to support an inference that

20 they participated in the attacks in any way that would make them

21 constitutionally liable. Similarly, he alleges that Bermudez,

22 Rios, Clark, and Tull “failed to intervene or report” the attack

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2 Plaintiff says he has “filed other lawsuits in state or

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federal court dealing with the same facts involved in this action.”

25 (SAC at 13; see id. at 8, 11 (stating that he filed “Writ of Habeas

Corpus due to prison staff’s “non-responsive[ness]” to his

26 administrative grievances).) But the lawsuit he identifies (see

id. at 13) was filed in 2010, nearly eight years before the conduct

27 alleged in the SAC, and none of his many lawsuits in either this

district or the Eastern District appear related to his claims here.

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1 (id.), but he does not allege facts from which to infer that

2 those Defendants were aware of the attacks and were in a position

3 to stop them. See Hearns v. Terhune, 413 F.3d 1036, 1040 (9th

4 Cir. 2005) (failure of prison officials to protect inmate from

5 attack “may rise to the level of an Eighth Amendment violation

6 when: (1) the deprivation alleged is ‘objectively, sufficiently

7 serious’ and (2) the prison officials had a ‘sufficiently

8 culpable state of mind,’ acting with deliberate indifference”

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(citing Farmer v. Brennan, 511 U.S. 825, 834 (1994)).3

10 Plaintiff also fails to adequately allege that he was denied

11 medical or mental-health treatment. His only allegation on that

12 score is that Rios and Clark “denied medical” because “nobody

13 wanted to get held to do over time.” (SAC at 8.) Those

14 conclusory allegations, which offer no details about what medical

15 treatment he requested and the circumstances under which his

16 requests were denied, are insufficient to establish deliberate

17 indifference to his serious medical needs. See Shelton, 487 F.

18 App’x at 389 (affirming dismissal when plaintiff’s “conclusory

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3 The SAC still fails to allege sufficient facts to show that

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the force used by Defendants in the attacks was “malicious[] and

21 sadistic[]” and not “applied in a good-faith effort to maintain or

restore discipline,” Rodriguez v. Cnty. of L.A., 891 F.3d 776, 788

22 (9th Cir. 2018) (citation omitted), as the Court previously warned

Plaintiff he must do (see Order Dismissing FAC at 7-8).

23 Specifically, although he claims that to justify the attack several

Defendants falsely reported that he had “spit” on them (SAC at 8),

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he fails to coherently set forth the chain of events that

25 culminated in the attacks, omitting critical information about what

prompted the officers’ use of force and whether his admittedly

26 “suicidal” behavior played a role. Although the facts alleged in

inmate Billy Cook’s declaration, which is attached to the SAC (see

27 id. at 20-21), likely cure those deficiencies, Plaintiff should

himself allege them in any amended pleading, assuming he believes

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them to be true.

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1 allegations d[id] not support his claim that defendant’s actions

2 constituted deliberate indifference to a serious medical need”).

3 Indeed, the exhibits he attaches to the SAC show that he was

4 evaluated by medical staff the same day as the alleged attacks

5 (SAC at 18), and he admits that he was later taken to an “outside

6 hospital for a second opinion” and treatment (id. at 9); see

7 Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir.)

8 (noting that plaintiff can “plead himself out of a claim by

9 including . . . details contrary to his claims”), amended by 275

10 F.3d 1187 (9th Cir. 2001); Steckman v. Hart Brewing, Inc., 143

11 F.3d 1293, 1295-96 (9th Cir. 1998) (“[W]e are not required to

12 accept as true conclusory allegations which are contradicted by

13 documents referred to in the complaint.”).

14 II. The SAC Once Again Does Not Comply with Federal Rule of

15 Civil Procedure 10(a)

16 As the Court already explained to Plaintiff (see Order

17 Dismissing FAC at 12), Rule 10(a) of the Federal Rules of Civil

18 Procedure requires that the “title of the complaint must name all

19 the parties.” And the Central District’s standard civil-rights

20 complaint form, which he used to draft the SAC, instructed him to

21 do the same. (See SAC at 1.) Nonetheless, Plaintiff names only

22 “Officer D. Bolanos” in the SAC’s caption. (Id.) In any amended

23 complaint he chooses to file, he must list the names of all

24 Defendants in the proper space in the caption or the amended

25 complaint will be subject to dismissal on that basis alone. See

26 Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (as

27 amended).

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1 Tf Plaintiff desires to pursue any of his claims, he is

2 || ORDERED to file a third amended complaint within 28 days of the

3 date of this order, remedying the deficiencies discussed above.

4]|| The TAC should bear the docket number assigned to this case, be

5 || labeled “Third Amended Complaint,” and be complete in and of

6 || itself, without reference to the SAC or any other pleading. He

7 warned that if he fails to timely file a sufficient TAC, the

8 || Court may dismiss this action entirely on the grounds set forth

9 || above or for failure to diligently prosecute, particularly given

10 | that Plaintiff has already been given numerous opportunities to

11 || cure the deficiencies in his claims.

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13 || DATED: March 24, 2020 Prenlaten

JE P. ROSENBLUTH

14 U.S. 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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