Davies v. Valdes, CV04-1116ABC(SS).
| Decision Date | 01 November 2006 |
| Docket Number | No. CV04-1116ABC(SS).,CV04-1116ABC(SS). |
| Citation | 462 F.Supp.2d 1084 |
| Parties | Randy DAVIES, Plaintiff, v. R. VALDES, et al., Defendants. |
| Court | U.S. District Court — Central District of California |
Pursuant to 28 U.S.C. § 636, the Court has reviewed the Complaint, all the records and files herein and the Report and Recommendation of the United States Magistrate Judge. The time for filing Objections to the Report and Recommendation has passed and no Objections have been received. Accordingly, the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge.
IT IS ORDERED that Judgment shall be entered dismissing the 42 U.S.C. § 1983 claims with prejudice, and dismissing the state law claims without prejudice.
IT IS FURTHER ORDERED that the Clerk serve copies of this Order and the Judgment herein on Plaintiff and counsel for Defendants.
LET JUDGMENT BE ENTERED ACCORDINGLY.
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE RE DEFENDANTS' MOTION TO DISMISS AND/OR FOR SUMMARY JUDGMENT
This Report and Recommendation is submitted to the Honorable Audrey B Collins, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order 01-13 of the United States District Court for the Central District of California.
On February 19, 2004, Plaintiff, proceeding pro se, lodged a civil rights Complaint (the "Complaint") pursuant to 42 U.S.C. § 1983. The Complaint was filed on February 24, 2004, after the Court granted Plaintiff's request to proceed in forma pauperis. By Order issued on March 31, 2004, the Court directed service of process by the United States Marshal on the following parties named in the Complaint: (1) R. Valdes; (2) A. Roman; (3) M. Brownell; (4) G. Oyas; (5) M. Poulos; (3) G. Garcia; (7) C. Welch; (8) R. Moore; (9) T. Aberra; (10) M. Martel; (11) M. Norris; and (12) R. Feigen (collectively, the "Defendants"). At all relevant times, Defendants were correctional staff at the California Rehabilitation Center in Norco or the California Institution for Men in Chico, institutions where the events giving rise to Plaintiffs claims occurred.
On October 29, 2004, Defendants filed an unenumerated Motion to Dismiss, pursuant to Federal Rule of Civil Procedure 12(b), for failure to exhaust administrative remedies.1 Plaintiff submitted an Opposition on January 18, 2005, and Defendants filed a Reply on January 19, 2005. The Court denied the Motion to Dismiss on September 12, 2005.
On June 26, 2006, subsequent to the United States Supreme Court's decision in Woodford v. Ngo,2 Defendants filed a second unenumerated Motion to Dismiss (the "Motion"), again pursuant to Federal Rule of Civil Procedure 12(b), for failure to exhaust administrative remedies. In the alternative, Defendants asserted that they are entitled to summary judgment pursuant to Federal Rule of Civil Procedure 56.3 In addition to the Motion, Defendants filed a Memorandum of Points and Authorities (the "Memorandum" or "Memo"), a Request for Judicial Notice in support of the Motion, a Separate Statement of Uncontroverted Facts and Conclusions of Law (the "Motion, Statement of Facts"), and five supporting declarations. Plaintiff did not file an Opposition to the Motion.4 This matter is now ready for adjudication. For the reasons stated below, it is recommended that the Motion be GRANTED.
Plaintiff states that he was appointed as a "Men's Advisory Committee Representative" at the California Rehabilitation Center ("CRC") in December 2002. (Complaint, ¶ 18). His role in this capacity was to provide fellow inmates with assistance or information concerning CRC's rules, regulations, and operations. (Complaint, ¶ 19).
According to Plaintiff, several inmates approached him in May 2003 with complaints that CRC correctional staff were "exposing" sensitive information about convicted sex offenders at CRC to the general inmate population. (Complaint, ¶ 21). On May 15, 2003, Plaintiff submitted a "CDC 602" form to the CRC administration in an attempt to have this matter investigated.5 (Complaint, ¶ 22).
According to Plaintiff, Defendant Valdes searched and verbally threatened him in retaliation for his administrative grievance on June 11 and 28, 2003. (Complaint, ¶¶ 23-30). He further alleges that Valdes placed him in mechanical restraints and escorted him to a holding area without explanation on June 29, 2003. (Complaint, ¶¶ 31-36). Plaintiff claims that he was next confronted with a "long black screw/ nail with black electrical tape wrapped around one end" that Valdes purportedly found protruding from his locker. (Complaint, ¶ 37). Plaintiff denied that the nail was his, but Defendants Roman and Valdes nevertheless authorized a "Rule Violation Report" for possession of an inmate-manufactured weapon. (Complaint, ¶¶ 38-45). Plaintiff states that he was then subjected to an unauthorized drug/ urine test and transferred to the California Institution for Men ("CIM"), where he was placed in administrative segregation. (Complaint, ¶¶ 46-50).
Plaintiff appeared before Defendant Oyas for administrative review of his alleged offense. (Complaint, ¶ 51). During this review, Plaintiff contested the charges and noted that he had reason to believe that Valdes planted the object in question in retaliation for Plaintiffs grievance regarding the disclosure of information about sex offenders at CRC. (Complaint, ¶¶ 52-53). After Plaintiff stated his intention to present certain witnesses at his forthcoming disciplinary hearing, Oyas allegedly told him that "the weapons charge was just a vehicle to get rid of [him] and to set an example for other [inmate representatives] who may try to cause trouble in the future." (Complaint, ¶¶ 54-59). Plaintiff claims that Oyas then noted in writing that he had not requested any witnesses. (Complaint, ¶ 60).
Plaintiff subsequently appeared before Defendants Poulos, Garcia, Welch, Moore, and Aberra, all of whom he describes as "Institutional Classification Committee" members. (Complaint, ¶ 63). He reiterated what he had told Defendant Oyas, including his request for witnesses. (Complaint, ¶¶ 64-66). Defendant Poulos reportedly denied Plaintiff's request based on Oyas's earlier notation. (Complaint, ¶ 67).
Plaintiff's disciplinary hearing was conducted by Defendant Brownell on July 10, 2003. (Complaint, ¶ 69). Plaintiff was found guilty of possession of an inmate manufactured weapon and disciplined accordingly. (Complaint, ¶¶ 79-80). This finding was reviewed and approved by Defendants Oyas and Poulos. (Complaint, ¶ 80). In a further proceeding, Defendants Poulos, Martel, Welch, Norris, and Aberra affirmed the result of Plaintiff's hearing. (Complaint, ¶¶ 82-90). Plaintiff's punishment included an eight month term in a secure housing unit at Corcoran State Prison and a 360-day forfeiture of worktime credits. (Complaint, ¶¶ 68, 77, 90, 92).
Based on their alleged retaliatory conduct, Plaintiff asserts violations of the First and Fourth Amendments as well as a state law claim of harassment against Defendants Valdes and Roman. (Complaint, ¶¶ 96-99). Against all remaining Defendants, Plaintiff asserts federal claims of due process and retaliation and state claims of negligence, harassment, and false imprisonment. (Complaint, ¶¶ 100-103). He seeks both compensatory and punitive damages. Defendants are sued only in their individual capacities. (Complaint, ¶¶ 5-15).
Defendants state that on June 29, 2003, Defendant Valdes searched Dormitory Number 203 after an inmate, whose bed and locker are next to Plaintiff's, had been caught with marijuana. (Motion, Statement of Facts at 4). During the search, Defendant Valdes found an "inmate manufactured" stabbing weapon under Plaintiff's locker. (Motion, Statement of Facts at 4; Valdes Decl., ¶¶ 3-11). Defendant Valdes then located Plaintiff and, for safety reasons based upon the weapon, placed him in mechanical restraints and escorted him to Defendant Roman's office. (Motion, Statement of Facts at 4). Due to the nature of the alleged violation, Plaintiff was transferred to the Administrative Segregation Unit ("ASU") located at the California Institution for Men ("CIM"). (Motion, Statement of Facts at 4).
Prior to being transferred, Plaintiff was ordered to take an urinalysis test. (Motion, Statement of Facts at 4). The order was based on the fact that an inmate manufactured weapon had been found under Plaintiffs locker and because the inmate assigned to a neighboring bunk was found in possession of marijuana. (Motion, Statement of Facts at 5).
Defendant Valdes prepared a Crime/Incident Report and Supplement, and a Rules Violation Report ("RVR") documenting the circumstances of Plaintiffs violation and charging him with possession of an inmate manufactured weapon. (Motion, Statement of Facts at 5). The RVR was based on the fact that Defendant Valdes found the inmate manufactured weapon in Plaintiff's possession. (Motion, Statement of Facts at 5).
On June 30, 2003, Plaintiff appeared before Defendant Oyas for an ASU Placement Hearing. (Motion, Statement of Facts at 5). Plaintiff did not request that any witnesses appear at the hearing. (Motion, Statement of Facts at 5). Based on the report that Plaintiff possessed an inmate manufactured weapon, Defendant Oyas determined that it was in the best interests of the safety and security of the institution for Plaintiff to remain in the ASU until a formal Housing Review Hearing could be held. (Motion, Statement of Facts at 6). Defendant Poulos independently reviewed and authorized this decision. (Motion, Statement of Facts at...
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