Opinion

(PS) Vicari v. Jackson

Court
District Court, E.D. California
Filed
Dec 19, 2023
Cited by
0 cases
Authority
More cited than 18.5%

a person subjects another to the deprivation of a 18 constitutional right if he does an act, participates in another’s act or omits to perform an act he is 19 legally required to do that causes the alleged deprivation

How later courts described this case

  • a person subjects another to the deprivation of a 18 constitutional right if he does an act, participates in another’s act or omits to perform an act he is 19 legally required to do that causes the alleged deprivation
  • holding that an inmate did not state a constitutional claim based on dissemination of 3 his mental health records to the parole board
  • affirming district court dismissal of inmate’s informational privacy claim connected to a 5 parole board hearing

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 STEPHEN F. SNOW, No. 2:23-cv-02117-KJM-EFB (PC)

12 Plaintiff,

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v. ORDER

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JEFF MACOMBER, et al.,

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Defendants.

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18 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

19 U.S.C. § 1983. He has paid the filing fee.

20 Screening Standards

21 Federal courts must engage in a preliminary screening of cases in which prisoners seek

22 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C.

23 § 1915A(a). The court must identify cognizable claims or dismiss the complaint, or any portion

24 of the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which

25 relief may be granted,” or “seeks monetary relief from a defendant who is immune from such

26 relief.” Id. § 1915A(b).

27 A pro se plaintiff, like other litigants, must satisfy the pleading requirements of Rule 8(a)

28 of the Federal Rules of Civil Procedure. Rule 8(a)(2) “requires a complaint to include a short and

1 plain statement of the claim showing that the pleader is entitled to relief, in order to give the

2 defendant fair notice of what the claim is and the grounds upon which it rests.” Bell Atl. Corp. v.

3 Twombly, 550 U.S. 544, 554, 562-563 (2007) (citing Conley v. Gibson, 355 U.S. 41 (1957)).

4 While the complaint must comply with the “short and plaint statement” requirements of Rule 8,

5 its allegations must also include the specificity required by Twombly and Ashcroft v. Iqbal, 556

6 U.S. 662, 679 (2009).

7 To avoid dismissal for failure to state a claim a complaint must contain more than “naked

8 assertions,” “labels and conclusions” or “a formulaic recitation of the elements of a cause of

9 action.” Twombly, 550 U.S. at 555-557. In other words, “[t]hreadbare recitals of the elements of

10 a cause of action, supported by mere conclusory statements do not suffice.” Iqbal, 556 U.S. at

11 678.

12 Furthermore, a claim upon which the court can grant relief must have facial plausibility.

13 Twombly, 550 U.S. at 570. “A claim has facial plausibility when the plaintiff pleads factual

14 content that allows the court to draw the reasonable inference that the defendant is liable for the

15 misconduct alleged.” Iqbal, 556 U.S. at 678. When considering whether a complaint states a

16 claim upon which relief can be granted, the court must accept the allegations as true, Erickson v.

17 Pardus, 551 U.S. 89 (2007), and construe the complaint in the light most favorable to the

18 plaintiff, see Scheuer v. Rhodes, 416 U.S. 232, 236 (1974).

19 Screening Order

20 Plaintiff alleges that, on July 31, 2017, he discovered that state Board of Parole Hearings

21 psychologist, defendant Weiss, had accessed his confidential mental health records without his

22 knowledge or consent. ECF No. 1 at 8-9. The Board denied his bid for parole based, in part, on

23 Weiss’s “risk assessment” report. Id. at 9. Plaintiff alleges that these actions violated his equal

24 protection, due process, and Fourth Amendment rights. Id.

25 “[P]risoners do not have a constitutionally protected expectation of privacy in prison

26 treatment records when the state has a legitimate penological interest in access to them.” Seaton

27 v. Mayberg, 610 F.3d 530, 534 (9th Cir. 2010) (holding that state officials did not violate the

28 Constitution by reviewing an inmate’s medical records in determining whether to commit the

1 inmate as a sexually violent predator); see also Coleman v. Martin, 63 Fed. Appx. 791, 793 (6th

2 Cir. 2003) (holding that an inmate did not state a constitutional claim based on dissemination of

3 his mental health records to the parole board); Wilson v. Wheeler, 584 Fed. Appx. 365 (9th Cir.

4 2014) (affirming district court dismissal of inmate’s informational privacy claim connected to a

5 parole board hearing). Plaintiff has not alleged facts showing that any defendant lacked a

6 legitimate penological justification for accessing his records to determine his suitability for

7 parole. Indeed, such a claim would be difficult to make, as the Ninth Circuit has found that

8 protection of the public and management of rehabilitative efforts are legitimate interests. Seaton,

9 610 F.3d at 534-35.

10 Nevertheless, plaintiff will be given the opportunity to amend his complaint to cure the

11 deficiencies identified herein.

12 Leave to Amend

13 Plaintiff’s complaint is dismissed with leave to amend. If plaintiff chooses to file an

14 amended complaint it should observe the following:

15 Any amended complaint must identify as a defendant only persons who personally

16 participated in a substantial way in depriving him of a federal constitutional right. Johnson v.

17 Duffy, 588 F.2d 740, 743 (9th Cir. 1978) (a person subjects another to the deprivation of a

18 constitutional right if he does an act, participates in another’s act or omits to perform an act he is

19 legally required to do that causes the alleged deprivation). The complaint should also describe,

20 in sufficient detail, how each defendant personally violated or participated in the violation of his

21 rights. The court will not infer the existence of allegations that have not been explicitly set forth

22 in the amended complaint.

23 The amended complaint must contain a caption including the names of all defendants.

24 Fed. R. Civ. P. 10(a).

25 Plaintiff may not change the nature of this suit by alleging new, unrelated claims. See

26 George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).

27 Any amended complaint must be written or typed so that it so that it is complete in itself

28 without reference to any earlier filed complaint. E.D. Cal. L.R. 220. This is because an amended

1 || complaint supersedes any earlier filed complaint, and once an amended complaint is filed, the

2 || earlier filed complaint no longer serves any function in the case. See Forsyth v. Humana, 114

3 | F.3d 1467, 1474 (9th Cir. 1997) (the “‘amended complaint supersedes the original, the latter

4 || being treated thereafter as non-existent.’”) (quoting Loux v. Rhay, 375 F.2d 55, 57 (9th Cir.

5 || 1967)).

6 Finally, the court notes that any amended complaint should be as concise as possible in

7 | fulfilling the above requirements. Fed. R. Civ. P. 8(a). Plaintiff should avoid the inclusion of

8 || procedural or factual background which has no bearing on his legal claims.

9 Conclusion

10 Accordingly, IT IS ORDERED that:

11 1. Plaintiff's complaint (ECF No. 1) is DISMISSED with leave to amend within 30 days

12 from the date of service of this order; and

13 2. Failure to comply with this order may result in dismissal of this action for the reasons

14 stated herein.

° Hr yt EBL

16 || Dated: December 19, 2023 Za! lb 7 LACEY

17 CRIED STATES MACECRATE ITNE

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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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