referring to 2 Fed. R. Civ. P. 8(e)(1)
How later courts described this case
- referring to 2 Fed. R. Civ. P. 8(e)(1)
- holding that there is no 4 respondeat superior liability under § 1983
Written by the judges who cited it.
The opinion
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8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 DANIEL ROY SMITH, No. 2:22-CV-1637-WBS-DMC-P
12 Plaintiff,
13 v. ORDER
14 OSMON, et al.,
15 Defendants.
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17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
18 42 U.S.C. § 1983. Pending before the Court is Plaintiff’s first amended complaint, ECF No. 14.
19 The Court is required to screen complaints brought by prisoners seeking relief
20 against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C.
21 § 1915A(a). This provision also applies if the plaintiff was incarcerated at the time the action was
22 initiated even if the litigant was subsequently released from custody. See Olivas v. Nevada ex rel.
23 Dep’t of Corr., 856 F.3d 1281, 1282 (9th Cir. 2017). The Court must dismiss a complaint or
24 portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can
25 be granted; or (3) seeks monetary relief from a defendant who is immune from such relief. See
26 28 U.S.C. § 1915A(b)(1), (2). Moreover, the Federal Rules of Civil Procedure require that
27 complaints contain a “. . . short and plain statement of the claim showing that the pleader is
28 entitled to relief.” Fed. R. Civ. P. 8(a)(2). This means that claims must be stated simply,
1 concisely, and directly. See McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir. 1996) (referring to
2 Fed. R. Civ. P. 8(e)(1)). These rules are satisfied if the complaint gives the defendant fair notice
3 of the plaintiff’s claim and the grounds upon which it rests. See Kimes v. Stone, 84 F.3d 1121,
4 1129 (9th Cir. 1996). Because Plaintiff must allege with at least some degree of particularity
5 overt acts by specific defendants which support the claims, vague and conclusory allegations fail
6 to satisfy this standard. Additionally, it is impossible for the Court to conduct the screening
7 required by law when the allegations are vague and conclusory.
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9 I. PLAINTIFF’S ALLEGATIONS
10 Plaintiff is a prisoner at California Medical Facility (CMF) in Vacaville California.
11 See ECF No. 14, pg. 1. Plaintiff lists the following as defendants: (1) Dr. Osmon, Chief Medical
12 Executive at CMF; (2) Dr. Angie Hood-Medland, Primary Care Physician at CMF; (3) Deepak
13 Mohan, M.D., Medical Director at San Joaquin General Hospital (SJGH); (4) Julie Torry
14 Watkins, M.D., unknown position at SJGH; (5) Benson Chen, Resident at SJGH; (6) Aubrey
15 Deponte, Registered Nurse at SJGH; and (7) Dr. John or Jane Doe, Neurologist at SJGH. See id.
16 at 3-4. Plaintiff claims Defendants were deliberately indifferent to his medical care. See id. at 5.
17 Defendant Dr. Hood-Medland sent Plaintiff Smith to SJGH for a lumbar puncture,
18 which was performed by Defendant Dr. Nikpour August 27, 2021. See id. According to
19 Plaintiff, the procedure was botched as a result of Dr. Nikpour’s alleged malpractice, causing
20 Smith lasting damage including the need for a foley catheter and a wheelchair. See id. Plaintiff
21 claims the catheter was “placed in wrongly.” Id. at 6.
22 Plaintiff next states that, on September 1, 2021, he returned to SJGH, and
23 Defendant Dr. Torry Watkins (or Dr. Watkin Torry, as stated in the body of the amended
24 complaint) ordered Defendant Resident Chen (also referred to as Chen Do) to place a foley
25 catheter. See id. at 6. Chen/Do was assisted by Defendant Resident Nurse Deponte. See id. The
26 catheter caused Smith pain for twenty-four hours and had to be replaced twice at SJGH. See id.
27 When Smith returned to CMF, Defendant Dr. Hood-Medland ordered it replaced again. Id.
28 / / /
1 Finally, Plaintiff claims that Defendant Dr. Mohan is a supervisor at SJGH and Dr.
2 Osomon is a supervisor at CMF and that they are liable as supervisors for the conduct of the staff
3 under them. See id. at 6-7.
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5 II. DISCUSSION
6 Plaintiff’s claims are not currently cognizable because he does not allege that
7 Defendants acted with the purpose of inflicting harm and because Plaintiff’s claims appear to
8 assert negligence. Further, Defendants Dr. Osmon and Dr. Deepak cannot be held liable for the
9 actions of their staff.
10 A. Medical Claim
11 The treatment a prisoner receives in prison and the conditions under which the
12 prisoner is confined are subject to scrutiny under the Eighth Amendment, which prohibits cruel
13 and unusual punishment. See Helling v. McKinney, 509 U.S. 25, 31 (1993); Farmer v. Brennan,
14 511 U.S. 825, 832 (1994). The Eighth Amendment “. . . embodies broad and idealistic concepts
15 of dignity, civilized standards, humanity, and decency.” Estelle v. Gamble, 429 U.S. 97, 102
16 (1976). Conditions of confinement may, however, be harsh and restrictive. See Rhodes v.
17 Chapman, 452 U.S. 337, 347 (1981). Nonetheless, prison officials must provide prisoners with
18 “food, clothing, shelter, sanitation, medical care, and personal safety.” Toussaint v. McCarthy,
19 801 F.2d 1080, 1107 (9th Cir. 1986). A prison official violates the Eighth Amendment only when
20 two requirements are met: (1) objectively, the official’s act or omission must be so serious such
21 that it results in the denial of the minimal civilized measure of life’s necessities; and (2)
22 subjectively, the prison official must have acted unnecessarily and wantonly for the purpose of
23 inflicting harm. See Farmer, 511 U.S. at 834. Thus, to violate the Eighth Amendment, a prison
24 official must have a “sufficiently culpable mind.” See id.
25 Deliberate indifference to a prisoner’s serious illness or injury, or risks of serious
26 injury or illness, gives rise to a claim under the Eighth Amendment. See Estelle, 429 U.S. at 105;
27 see also Farmer, 511 U.S. at 837. This applies to physical as well as dental and mental health
28 needs. See Hoptowit v. Ray, 682 F.2d 1237, 1253 (9th Cir. 1982). An injury or illness is
1 sufficiently serious if the failure to treat a prisoner’s condition could result in further significant
2 injury or the “. . . unnecessary and wanton infliction of pain.” McGuckin v. Smith, 974 F.2d
3 1050, 1059 (9th Cir. 1992); see also Doty v. County of Lassen, 37 F.3d 540, 546 (9th Cir. 1994).
4 Factors indicating seriousness are: (1) whether a reasonable doctor would think that the condition
5 is worthy of comment; (2) whether the condition significantly impacts the prisoner’s daily
6 activities; and (3) whether the condition is chronic and accompanied by substantial pain. See
7 Lopez v. Smith, 203 F.3d 1122, 1131-32 (9th Cir. 2000) (en banc).
8 The requirement of deliberate indifference is less stringent in medical needs cases
9 than in other Eighth Amendment contexts because the responsibility to provide inmates with
10 medical care does not generally conflict with competing penological concerns. See McGuckin,
11 974 F.2d at 1060. Thus, deference need not be given to the judgment of prison officials as to
12 decisions concerning medical needs. See Hunt v. Dental Dep’t, 865 F.2d 198, 200 (9th Cir.
13 1989). The complete denial of medical attention may constitute deliberate indifference. See
14 Toussaint v. McCarthy, 801 F.2d 1080, 1111 (9th Cir. 1986). Delay in providing medical
15 treatment, or interference with medical treatment, may also constitute deliberate indifference. See
16 Lopez, 203 F.3d at 1131. Where delay is alleged, however, the prisoner must also demonstrate
17 that the delay led to further injury. See McGuckin, 974 F.2d at 1060.
18 Negligence in diagnosing or treating a medical condition does not, however, give
19 rise to a claim under the Eighth Amendment. See Estelle, 429 U.S. at 106. Moreover, a
20 difference of opinion between the prisoner and medical providers concerning the appropriate
21 course of treatment does not give rise to an Eighth Amendment claim. See Jackson v. McIntosh,
22 90 F.3d 330, 332 (9th Cir. 1996).
23 Plaintiff pleads that his lumbar procedure was “botched.” To plead a cognizable
24 claim, Plaintiff must allege Defendants acted unnecessarily and wantonly for the purpose of
25 inflicting harm. See Farmer, 511 U.S. at 834. Plaintiff does not do so, and the facts suggest that,
26 to the contrary, Defendants acted to alleviate his suffering following a procedure allegedly gone
27 awry. From all appearances, Plaintiff’s claims are based on negligence and not deliberate
28 indifference. Plaintiff will be provided leave to amend.
1 B. Supervisor Liability
2 Supervisory personnel are generally not liable under § 1983 for the actions of their
3 employees. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (holding that there is no
4 respondeat superior liability under § 1983). A supervisor is only liable for the constitutional
5 violations of subordinates if the supervisor participated in or directed the violations. See id. The
6 Supreme Court has rejected the notion that a supervisory defendant can be liable based on
7 knowledge and acquiescence in a subordinate’s unconstitutional conduct because government
8 officials, regardless of their title, can only be held liable under § 1983 for his or her own conduct
9 and not the conduct of others. See Ashcroft v. Iqbal, 556 U.S. 662, 676 (2009). Supervisory
10 personnel who implement a policy so deficient that the policy itself is a repudiation of
11 constitutional rights and the moving force behind a constitutional violation may, however, be
12 liable even where such personnel do not overtly participate in the offensive act. See Redman v.
13 Cnty of San Diego, 942 F.2d 1435, 1446 (9th Cir. 1991) (en banc).
14 When a defendant holds a supervisory position, the causal link between such
15 defendant and the claimed constitutional violation must be specifically alleged. See Fayle v.
16 Stapley, 607 F.2d 858, 862 (9th Cir. 1979); Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir.
17 1978). Vague and conclusory allegations concerning the involvement of supervisory personnel in
18 civil rights violations are not sufficient. See Ivey v. Board of Regents, 673 F.2d 266, 268 (9th
19 Cir. 1982). “[A] plaintiff must plead that each Government-official defendant, through the
20 official’s own individual actions, has violated the constitution.” Iqbal, 662 U.S. at 676.
21 According to Plaintiff, Defendants Dr. Osmon and Dr. Deepak had no personal
22 involvement with the Plaintiff. Because they cannot be held liable under § 1983 for the actions of
23 their staff, Plaintiff does not present state cognizable claims against them. See Ashcroft v. Iqbal,
24 556 U.S. 662, 676 (2009). Plaintiff will be provided leave to amend.
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1 III. CONCLUSION
2 Because it is possible that the deficiencies identified in this order may be cured by
3 amending the complaint, Plaintiff is entitled to leave to amend prior to dismissal of the entire
4 action. See Lopez v. Smith, 203 F.3d 1122, 1126, 1131 (9th Cir. 2000) (en banc). Plaintiff is
5 informed that, as a general rule, an amended complaint supersedes the original complaint. See
6 Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Thus, following dismissal with leave to
7 amend, all claims alleged in the original complaint which are not alleged in the amended
8 complaint are waived. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). Therefore, if
9 Plaintiff amends the complaint, the Court cannot refer to the prior pleading in order to make
10 Plaintiff's amended complaint complete. See Local Rule 220. An amended complaint must be
11 complete in itself without reference to any prior pleading. See id.
12 If Plaintiff chooses to amend the complaint, Plaintiff must demonstrate how the
13 conditions complained of have resulted in a deprivation of Plaintiff’s constitutional rights. See
14 Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). The complaint must allege in specific terms how
15 each named defendant is involved, and must set forth some affirmative link or connection
16 between each defendant’s actions and the claimed deprivation. See May v. Enomoto, 633 F.2d
17 164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
18 Finally, Plaintiff is warned that failure to file an amended complaint within the
19 time provided in this order may be grounds for dismissal of this action. See Ferdik, 963 F.2d at
20 1260-61; see also Local Rule 110. Plaintiff is also warned that a complaint which fails to comply
21 with Rule 8 may, in the Court’s discretion, be dismissed with prejudice pursuant to Rule 41(b).
22 See Nevijel v. North Coast Life Ins. Co., 651 F.2d 671, 673 (9th Cir. 1981).
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] Accordingly, IT IS HEREBY ORDERED that:
2 1. Plaintiffs first complaint is dismissed with leave to amend; and
3 2. Plaintiff shall file a second amended complaint within 30 days of the date
4 | of service of this order.
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6 || Dated: August 18, 2023 Svc
DENNIS M. COTA
8 UNITED STATES MAGISTRATE JUDGE
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