Opinion

(PC) Browning v. Fitzpatrick

Court
District Court, E.D. California
Filed
Jul 11, 2025
Cited by
0 cases
Authority
More cited than 37.8%

discussing “under color of 12 state law”

How later courts described this case

  • discussing “under color of 12 state law”
  • "A procedural due process claim has two 12 distinct elements: (1) a deprivation of a constitutionally protected liberty or property interest, and 13 (2
  • "Only persons who cause or 10 participate in the violations are responsible. [. . .] Ruling against a prisoner on an administrative 11 complaint does not cause or contribute to the violation."

Written by the judges who cited it.

The opinion

1

2 UNITED STATES DISTRICT COURT

3 EASTERN DISTRICT OF CALIFORNIA

4

5 ELRADER BROWNING, III, No. 1:21-cv-1751-GSA (PC)

6 Plaintiff,

FINDINGS AND RECOMMENDATIONS

7 vs. THAT PLAINTIFF’S FIRST AMENDED

COMPLAINT PROCEED ON HIS

8 FITZPATRICK, ET AL. CLAIMS AGAINST DEFENDANTS

RENTERIA, ARREOLA, AND HADDAD

9 Defendants. FOR EXCESSIVE FORCE UNDER THE

EIGHTH AMENDMENT, AND THAT

10 ALL OTHER CLAIMS AGAINST ALL

OTHER DEFENDANTS BE DISMISSED

11

ORDER DIRECTING CLERK TO

12 RANDOMLY ASSIGN A UNITED

STATES DISTRICT JUDGE

13

14 OBJECTIONS DUE IN 14 DAYS

15

(ECF No. 10); See 28 U.S.C. § 1915A(1)

16

17

18

19

20 I. BACKGROUND

Plaintiff Elrader Browning III is a state prisoner proceeding pro se and in forma pauperis

21

with this civil rights action under 42 U.S.C. § 1983.

22

On May 5, 2025, the undersigned screened Plaintiff’s complaint and found that it states

23

no viable claims against any Defendants for excessive force under the 8th Amendment, the due

24

process clause of the 14th amendment, or the equal protection clause of the 14th amendment.

25

Plaintiff was granted 30 days to amend, and he did so on May 15, 2025. See First Amended

26

Complaint (hereinafter “1AC”), ECF No. 10.

27

II. SCREENING REQUIREMENT

28

1

Courts are required to screen complaints brought by prisoners seeking relief against a

2

governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

3

court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

4

“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

5

monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).

6

“Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall

7

dismiss the case at any time if the court determines that the action or appeal fails to state a claim

8

upon which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii).

9

A complaint is required to contain “a short and plain statement of the claim showing that

10

the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not

11

required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere

12

conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell

13

Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). While a plaintiff’s allegations are taken

14

as true, courts “are not required to indulge unwarranted inferences.” Doe I v. Wal-Mart Stores,

15

Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). To state

16 a viable claim, Plaintiff must set forth “sufficient factual matter, accepted as true, to ‘state a claim

17 to relief that is plausible on its face.’” Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret Service,

18 572 F.3d 962, 969 (9th Cir. 2009). While factual allegations are accepted as true, legal

19 conclusions are not. Id. The mere possibility of misconduct falls short of meeting this

20 plausibility standard. Id.

21 III. SECTION 1983 PLEADING REQUIREMENTS

22 The Civil Rights Act under which this action was filed provides:

23

Every person who, under color of any statute, ordinance, regulation, custom, or

usage, of any State or Territory or the District of Columbia, subjects, or causes to

24

be subjected, any citizen of the United States or other person within the

jurisdiction thereof to the deprivation of any rights, privileges, or immunities

25

secured by the Constitution and laws, shall be liable to the party injured in an

action at law, suit in equity, or other proper proceeding for redress . . . .

26

42 U.S.C. § 1983.

27

“[Section] 1983 ‘is not itself a source of substantive rights,’ but merely provides ‘a

28

1

method for vindicating federal rights elsewhere conferred.’” Graham v. Connor, 490 U.S. 386,

2

393-94 (1989) (quoting Baker v. McCollan, 443 U.S. 137, 144 n.3 (1979)); see also Chapman v.

3

Houston Welfare Rights Org., 441 U.S. 600, 618 (1979); Hall v. City of Los Angeles, 697 F.3d

4

1059, 1068 (9th Cir. 2012); Crowley v. Nevada, 678 F.3d 730, 734 (9th Cir. 2012); Anderson v.

5

Warner, 451 F.3d 1063, 1067 (9th Cir. 2006). “To the extent that the violation of a state law

6

amounts to the deprivation of a state-created interest that reaches beyond that guaranteed by the

7

federal Constitution, Section 1983 offers no redress.” Id.

8

To state a claim under § 1983, a plaintiff must allege that (1) the defendant acted under

9

color of state law and (2) the defendant deprived him or her of rights secured by the Constitution

10

or federal law. Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006); see also

11

Marsh v. Cnty. of San Diego, 680 F.3d 1148, 1158 (9th Cir. 2012) (discussing “under color of

12

state law”). A person deprives another of a constitutional right, “within the meaning of § 1983,

13

‘if he does an affirmative act, participates in another’s affirmative act, or omits to perform an act

14

which he is legally required to do that causes the deprivation of which complaint is made.’”

15

Preschooler II v. Clark Cnty. Sch. Bd. of Trs., 479 F.3d 1175, 1183 (9th Cir. 2007) (quoting

16 Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978)). “The requisite causal connection may be

17 established when an official sets in motion a ‘series of acts by others which the actor knows or

18 reasonably should know would cause others to inflict’ constitutional harms.” Preschooler II, 479

19 F.3d at 1183 (quoting Johnson, 588 F.2d at 743). This standard of causation “closely resembles

20 the standard ‘foreseeability’ formulation of proximate cause.” Arnold v. Int’l Bus. Mach. Corp.,

21 637 F.2d 1350, 1355 (9th Cir. 1981); see also Harper v. City of Los Angeles, 533 F.3d 1010,

22 1026 (9th Cir. 2008).

23 IV. DISCUSSION

24 Plaintiff is presently incarcerated at the Salinas Valley State Prison in Soledad, CA. The

25 events at issue in the complaint occurred at Plaintiff’s prior facility, Kern Valley State Prison

26 (KVSP) in Delano, California, in the custody of the California Department of Corrections and

27 Rehabilitation (CDCR).

28 Plaintiff identifies five defendants, all of whom were employed at KVSP at all relevant

1

times in the complaint: Lieutenant Fitzpatrick, Sergeant H. Arreola, Sergeant A. Haddad, Warden

2

E. Stark, and Officer Renteria

3

A. Eighth Amendment Excessive Force

4

1. Summary of Related Allegations

5

Plaintiff’s First Amended Complaint (1AC) is somewhat factually similar to the original

6

complaint but adds Officer Renteria as a Defendant. Plaintiff states that on July 21, 2020, he set

7

a small fire outside of his cell door to a t-shirt and magazines /books to protest police brutality

8

and racial discrimination at KVSP and across the world. Officer Renteria put out the fire within

9

seconds. 1AC at 3. Then a crowd of correctional staff gathered inside the day room yelling

10

derogatory comments about Plaintiff. Officer Renteria then opened Plaintiff’s food port and

11

sprayed Plaintiff from head to toe with the use of a fire extinguisher. Id. This caused choking

12

and chest pains. Id.

13

Sergeants Arreola and Haddad then ordered Officer Renteria to use the firehose on

14

Plaintiff while Plaintiff was in his cell. Id. at 4. Plaintiff saw Sgt. Haddad unlock the red box

15

and toss the fire hose up to Sgt. Arreola. Id. Sgt. Arreola then gave the fire hose to Officer

16 Renteria who stuck the hose through the food port and sprayed Plaintiff in his facial area. Id.

17 Plaintiff tried to cover up and protect himself from the full force of the water pressure until he

18 was knocked down at which point he used his cell mattress to shield himself. Plaintiff was not

19 sure how long the attack lasted but it felt like several minutes. Id.

20 2. Applicable Law

21 “The objective component of an Eighth Amendment claim is . . . contextual and

22 responsive to contemporary standards of decency.” Hudson v. McMillian, 503 U.S. 1, 8 (1992).

23 The malicious and sadistic use of force to cause harm always violates contemporary standards of

24 decency, regardless of whether significant injury is evident. Id. at 9. However, not “every

25 malevolent touch by a prison guard gives rise to a federal cause of action.” Id. at 9. “The Eighth

26 Amendment’s prohibition of cruel and unusual punishments necessarily excludes from

27 constitutional recognition de minimis uses of physical force, provided that the use of force is not

28

1

of a sort ‘repugnant to the conscience of mankind.” Id. at 9-10 (internal quotations marks and

2

citations omitted).

3

“[W]henever prison officials stand accused of using excessive physical force in violation

4

of the Cruel and Unusual Punishments Clause, the core judicial inquiry is . . . whether force was

5

applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to

6

cause harm.” Id. at 7. “In determining whether the use of force was wanton and unnecessary, it

7

may also be proper to evaluate the need for application of force, the relationship between that

8

need and the amount of force used, the threat reasonably perceived by the responsible officials,

9

and any efforts made to temper the severity of a forceful response.” Id. (internal quotation marks

10

and citations omitted). “The absence of serious injury is . . . relevant to the Eighth Amendment

11

inquiry, but does not end it.” Id.

12

3. Analysis

13 Here, Plaintiff’s 1st amended complaint (1AC) states a claim for excessive force against

14

Officer Renteria, and Sergeants Arreola and Haddad.

15

Plaintiff alleges he set a small fire using a t-shirt and magazine/books, which Officer

16 Renteria put out in seconds. 1AC at 3. Considering Officer Renteria diffused the situation

17 immediately, it appears that any subsequent use of force would be unnecessary. This includes

18 the fire extinguisher that Officer Renteria used to spray through the food port of Plaintiff’s cell,

19 covering Plaintiff from head to toe. Id. This also includes the conduct of Sergeants Arreola and

20 Haddad who directed Officer Renteria to use the fire hose on Plaintiff. Id. This was equally

21 unnecessary as the fire had already been put out. Id. at 4. Thus, there appears to be no legitimate

22 penological interest warranting the use of force after the fire was extinguished.

23 As to the injury Plaintiff sustained, the fire extinguisher caused Plaintiff to choke and

24 experience chest pain. Id. at 4. Plaintiff was sprayed in the face with the fire hose, knocked

25 down, and spent several minutes warding off the attack with his mattress. Id. Although

26 Plaintiff’s injuries may not have been serious, the malicious and sadistic use of force to cause

27 harm always violates contemporary standards of decency, regardless of whether significant

28 injury is evident. Hudson v. McMillian, 503 U.S. 1, 9. (1992). Therefore, Plaintiff states an 8th

1

Amendment claim for excessive force against Officer Renteria, Sergeant Arreola, and Sergeant

2

Haddad.

3

B. Fourteenth Amendment Equal Protection

4

1. Applicable Law

5

"The Equal Protection Clause of the Fourteenth Amendment commands that no State

6

shall 'deny to any person within its jurisdiction the equal protection of the laws,' which is

7

essentially a direction that all persons similarly situated should be treated alike." Cleburne, 473

8

U.S. at 439 (citation omitted). "Prisoners are protected under the Equal Protection Clause . . .

9

from invidious discrimination based on race." Wolff, 418 U.S. at 556.

10

To state a claim for violation of the Equal Protection Clause, a plaintiff must show that

11

the defendant acted with an intent or purpose to discriminate against him based upon his

12

membership in a protected class. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998).

13

"Intentional discrimination means that a defendant acted at least in part because of a plaintiff's

14

protected status." Maynard v. City of San Jose, 37 F.3d 1396, 1404 (9th Cir. 1994). An inmate

15

"must produce evidence sufficient to permit a reasonable trier of fact to find by a preponderance

16 of the evidence that the decision was racially motivated." Bingham v. City of Manhattan Beach,

17 329 F.3d 723, 732 (9th Cir. 2003).

18 2. Analysis

19 Plaintiff alleges that the use of a fire hose against a protesting black male was racially

20 motivated and reminiscent of the 1960s. 1AC at 5.

21 These allegations fall short. To state a claim for violation of the Equal Protection Clause,

22 a plaintiff must show that the defendant acted with an intent or purpose to discriminate against

23 him based upon his membership in a protected class and that the defendant intentionally treated

24 him differently from other inmates because of membership in that protected class. See Serrano v

25 Francis, 345 F.3d 1071 at 1082. Plaintiff’s allegation of racial bias/animus is speculative at best

26 and is without factual support. It appears that the Defendants actions were, at least initially, an

27 appropriate response to Plaintiff’s setting an unauthorized fire within the confines of a prison

28 which certainly posed an obvious threat of a serious risk of harm to both prison staff and inmates.

1

Thus, Plaintiff has not made an adequate showing that the Defendants acted with the

2

requisite discriminatory intent.

3

4

C. Fourteenth Amendment Due Process

5

1. Applicable Law

6

States may not deprive any person of life, liberty, or property without due process of law.

7

U.S. Cons. amend. XIV § 1. The analysis of a procedural due process claim proceeds in two

8

steps. First, a plaintiff must demonstrate that he was denied substantive due process, then show

9

that the procedures attendant upon the deprivation were constitutionally insufficient. Ky. Dep't

10

of Corr. v. Thompson, 490 U.S. 454, 459-60, (1989); Brewster v. Bd. of Educ. of Lynwood

11

Unified Sch. Dist., 149 F.3d 971, 982 (9th Cir. 1998) ("A procedural due process claim has two

12

distinct elements: (1) a deprivation of a constitutionally protected liberty or property interest, and

13

(2) a denial of adequate procedural protections."). As will be discussed below, because Plaintiff

14

has not demonstrated a substantive due process violation, thus there can be no procedural due

15

process violation.

16 2. Analysis

17 Plaintiff alleges a violation of due process for allegedly denying Plaintiff a fair hearing

18 because Lt. Fitzpatrick had some type of personal involvement in the investigation of Plaintiff’s

19 staff misconduct complaint and then later participated in the hearing regarding same. 1AC at

20 2, 5.

21 First, Plaintiff has not set forth sufficient information to demonstrate what specific

22 involvement Lt. Fitzpatrick had in the investigation of the excessive force incident which would

23 later deprive him of participating in the hearing involving Plaintiff’s staff complaint. Plaintiff

24 states only that Lt. Fitzpatrick was part of the incident because his name was on the document as

25 the supervisor of the incident. Id.

26 Second, Plaintiff has not identified a liberty interest he has been deprived of due to Lt.

27 Fitzpatrick involvement in Plaintiff’s staff grievance investigation or later hearing. “[I]nmates

28 lack a separate constitutional entitlement to a specific prison grievance procedure.” Ramirez v.

1

Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (no liberty interest in processing of appeals because

2

no entitlement to a specific grievance procedure) (emphasis added); see also Massey v. Helman,

3

259 F.3d 641, 647 (7th Cir. 2001) (existence of grievance procedure confers no liberty interest

4

on prisoner).

5

Further, just like Lt. Fitzpatrick’s involvement in the grievance procedure or hearing

6

implicates no liberty interest, Warden Stark (or Lt. Fitzpatrick) signing off on the grievance

7

denial, is also insufficient to state a claim. The act of denying a grievance, without more, cannot

8

sustain a § 1983 lawsuit. See, e.g. Henderson v. Muniz, 196 F.Supp.3d 1092, 1105 (N.D. Cal.,

9

2016); George v. Smith, 507 F.3d 605, 609 (7th Cir. 2007) ("Only persons who cause or

10

participate in the violations are responsible. [. . .] Ruling against a prisoner on an administrative

11

complaint does not cause or contribute to the violation.").

12

Plaintiff also alleges violations of state regulations. He explains that Lt. Fitzpatrick’s

13

involvement in the grievance process was a violation of “CCR Title 15, § 3084(d)(1)(A)” and

14

“DOM § 54100.2” as well as the “(DOM § 33030.526).” 1AC at 5.

15

However, the failure to follow state regulations, without more, does not state a cognizable

16 Section 1983 claim. See, e.g, West, 487 U.S. at 48 (Section 1983 claim must allege violation of

17 right secured by federal Constitution or federal laws). State laws do not create rights protected

18 by the federal Due Process Clause unless "the state law contains (1) substantive predicates

19 governing official decision making, and (2) explicitly mandatory language specifying the

20 outcome that must be reached if the substantive predicates have been met." See James v.

21 Rowlands, 606 F.3d 646, 656 (9th Cir. 2010). Lees v. Singsong, No. 19-cv-01603-HSG, 2021

22 U.S. Dist. LEXIS 91825, at *9 (N.D. Cal. May 13, 2021).

23 Finally, as to Warden Stark, liability cannot be imposed on supervisory personnel for the

24 acts or omissions of their subordinates under a theory of respondeat superior. Iqbal, 556 U.S. at

25 676-77; Simmons, 609 F.3d at 1020-21 (9th Cir. 2010). Rather, supervisors may be held liable

26 only if they “participated in or directed the violations, or knew of the violations and failed to act

27 to prevent them.” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989).

28

V. NO LEAVE TO AMEND

1

Under Rule 15(a) of the Federal Rules of Civil Procedure, “[t]he court should freely give

2

3 leave to amend when justice so requires.”

4 Here, despite notice and an opportunity to rectify the deficiencies in Plaintiff’s

5 complaint—specifically as to the 14th amendment claims—Plaintiff’s amended complaint is

6

deficient for largely the same reasons noted in the first screening order. Thus, it appears Plaintiff

7

has nothing further to allege in support of those claims and leave to amend would likely be futile.

8

9 VI. ORDER; FINDINGS AND RECOMMENDATIONS

10 It is ordered that the Clerk randomly assign a United States District Judge.

11 The recommendation is as follows

12 1. That this action proceed on Plaintiff’s 8th amendment excessive force claim against

13 Defendants Renteria, Arreola, and Haddad.

14 2. That the Court dismiss all other claims against all other defendants.

15 3. That the Clerk be directed to effectuate service on Defendants Renteria, Arreola, and

16 Haddad.

17

VII. OBJECTIONS DUE WITHIN 14 DAYS

18

These Findings and Recommendations will be submitted to the U.S. District Judge

19

20 assigned to the case per 28 U.S.C. § 636(b)(l). Within 14 days of these Findings and

21 Recommendations, any party may file written objections. The document should be titled

22 “Objections to Magistrate Judge’s Findings and Recommendations.” The failure to file

23

objections within the specified time may result in the waiver of rights on appeal. Wilkerson v.

24

Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014).

25

26

27 IT IS SO ORDERED.

28

Dated: July 11, 2025 /s/ Gary S. Austin

1 UNITED STATES MAGISTRATE JUDGE

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.