Evans v. Martin
| Decision Date | 19 May 2021 |
| Docket Number | Case No. 1:21-cv-00093-BAM (PC) |
| Parties | DAVID EVANS, Plaintiff, v. MARTIN, et al., Defendants. |
| Court | U.S. District Court — Eastern District of California |
ORDER DIRECTING CLERK OF COURT TO RANDOMLY ASSIGN DISTRICT JUDGE TO ACTION
FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS
Plaintiff David Evans ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On April 13, 2021, the Court screened Plaintiff's complaint and found that Plaintiff stated a cognizable claim against Defendants Guerra, Jolly, and Lopez for excessive force in violation of the Eighth Amendment for the incident on January 19, 2019 and against Defendant Guerra for sexual assault in violation of the Eighth Amendment for the incident on January 19, 2019, but failed to state any other cognizable claims or properly joined claims against any other defendants. (ECF No. 11.) The Court ordered Plaintiff to either file a first amended complaint or notify the Court of his willingness to proceed only on the cognizable claims identified by the Court. (Id.) On May 14, 2021, Plaintiff notified the Court of his willingness to proceed on the cognizable claims identified by the Court. (ECF No. 12.)
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Plaintiff's complaint, or any portion thereof, is subject to dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).
A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief. . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). While a plaintiff's allegations are taken as true, courts "are not required to indulge unwarranted inferences." Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted).
To survive screening, Plaintiff's claims must be facially plausible, which requires sufficient factual detail to allow the Court to reasonably infer that each named defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678 (quotation marks omitted); Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009). The sheer possibility that a defendant acted unlawfully is not sufficient, and mere consistency with liability falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678 (quotation marks omitted); Moss, 572 F.3d at 969.
Plaintiff is currently housed in California State Prison. The events alleged in the complaint occurred while Plaintiff was housed at Kern Valley State Prison ("KVSP") and at California State Prison in Lancaster. Plaintiff names the following defendants: (1) John Martin, Correctional Sergeant, (2) Ralph Diaz, Director of California Department of Corrections and Rehabilitation ("CDCR"), (3) Christian Pfeiffer, Warden at KVSP, (4) Heather Diaz, Clinical psychologist, (5) John Bradford, psychologist, (6) W. Mathews, Lieutenant, (7) Kohler, Lieutenant, (8) B. Cope, Sergeant, (9) J. Hernandez, Sergeant, (10) Stanley, Sergeant,(11) Ernesto Diaz, Correctional Officer, (12) Anthony Reed, (13) Christian Ramirez, Correctional Officer, (14) A. Aguilar Correctional Officer, (15) E. Figueroa, Correctional Officer, (16) R. Jolly, Correctional Officer, (17) J. Lopez, Correctional Officer, (18) Alan Guerra, Correctional Officer, (19) Arrezola, Correctional Officer, (20) Anthony Reed, Correctional Officer, (21) C. King, Correctional Officer at Lancaster, and (22) Lugos, Lieutenant at Lancaster and John Does. All defendants are sued in their official and individual capacities.
Plaintiff alleges that on January 19, 2019, he informed John Doe in B Facility he was feeling suicidal and he was escorted to Medical holding cage. Plaintiff spoke to Defendant Heather Diaz and told her he was feeling suicidal because "information and photos were recently leaked on social media about Plaintiff's same sex relations and after finding out, Plaintiff's wife ended the relationship and communication with his daughter." He told Defendant Heather Diaz he was in emotional insanity, was depressed and was suicidal. Defendant Heather Diaz continued to ask him questions about why and how she could help. Plaintiff told her he had pills he was going to take. She had officers search his cell and they reportedly did not find pills. She then released Plaintiff to return to his assigned cell. When the officers arrived to escort him, Plaintiff told them he had safety concerns.
Plaintiff was taken to B-Facility Sergeant's office and questioned by Defendant Sgt. Hernandez. Plaintiff informed Defendant Hernandez, and also Sgt John Doe, and Correctional Officers, Guerra, Jolly and Lopez, who were also in the office, he was concerned because of his sexual orientation, social media posts that he would be in danger. None of the officers were concerned and Sgt. Hernandez told Plaintiff that his safety concerns were not valid, and Plaintiff was placed in a B-Facility holding cage. Defendants Guerra, Jolly, and Lopez came to escort Plaintiff back to his cell. As they were walking, Plaintiff realized he'd forgotten his id card in the cell and turned to his left. Without warning or provocation Plaintiff was grabbed by Jolly and Lopez and slammed on the ground with extreme force and violence. They pinned and held Plaintiff down face down, as Defendant Guerra stated "you like it rough" and placed his state issue baton in Plaintiffs anus forcibly through the outside of Plaintiff's pants. Plaintiff was handcuffed and shackled excessively tight. He was stood up and then violently slammed againstthe wall. His shirt was cut off his body from behind. Plaintiff turned his head to see who it was, but he was punched multiple times in the face and forced to face the wall.
Defendant Sgt. Hernandez arrived and said "I wanna see if he has breasts" and Plaintiff was forced to turn around and Sgt. Hernandez began to fondle and squeeze Plaintiff's breast. He was placed in B-Facility medical holding cage, shirtless for the infliction of more humiliation and emotional distress. He was strip searched by Defendant Lopez for contraband without incident.
Defendant Guerra issued Plaintiff a 114 lock up order for battery on a peace officer for kicking him. Plaintiff alleges that never happened. Defendant Guerra threatened Plaintiff that if he ever said anything about the incident, he would get worse. Defendant Guerra went to Triage to report alleged injuries but only reported a right arm injury. The next day on January 20, 2019, Guerra returned to Triage now reporting multiple injuries on his leg. Plaintiff was placed in administrative segregation on January 19, 2019 and placed in the Mental Health Treatment room holding cage. Sgt. Martin came to speak to Plaintiff and after Plaintiff explained what had happened, he called Plaintiff a fag. Correctional Officer Diaz took Plaintiff to be seen by psych tech Mathews and that he was experiencing soreness in his back. Plaintiff told Mathews that he was feeling suicidal and he was placed back in the holding cage and left handcuffed. Plaintiff began banging his head on the holding cage door several times. Without warning, Plaintiff was pepper sprayed with Defendant E. Diaz's oc pepper sprayed. Plaintiff was left alone with the door closed to the treatment room trapping plaintiff inside with all the fumes, no ventilation. Plaintiff started chokings and yelling "I can't breathe, Help." Plaintiff started kicking the cage and yelled for help. Plaintiff heard the treatment door open and was sprayed with 2 more cans of oc pepper spray by Defendants E. Diaz and C. Ramirez. The treatment door was closed again, and Plaintiff could not breathe. The pepper sprayed incidents were not recorded, in violation of policy. At this point, Plaintiff was handcuffed blinded and hyperventilating.
Plaintiff thought he was about to be cell extracted and attacked, so he positioned his handcuffs from behind his back to the front of his body, sat on the stool and faced the rear of the cage. The officers initiated a cruel cell extraction and fabricated reports alleging Plaintiff was allowed out the cage for decontamination, turned and rushed the riot shield. Plaintiff alleges theofficers reports contradicted what they saw as Plaintiff's conduct and what they reported would violate policy.
Plaintiff alleges what happened was that Defendant Reed rammed Plaintiff with the riot shield, using his 400 lb body weight and pinned Plaintiff. (ECF No. 1, ¶ 85.) Plaintiff was given orders to allow his legs be shackled, but he was pinned down and could not move his legs and he told them so. Defendants responded with baton strikes on his body and thigh. Defendants knew Plaintiff could not move because he was pinned with the riot shield, but they still demanded he move his legs to be shackled knowing that he could not do so because he was pinned. They kept beating him. After a time, Reed released the shield so Plaintiff could move his legs to be shackled.
Defendant Correctional Officer Diaz applied the restraints excessively tight. Then Defendant Correctional Officer Diaz and Ramirez grabbed Plaintiff by the shackles and violently snatched Plaintiff, dragging him out of the treatment room. It was painful including cuts into the flesh of his ankles. (Id. ¶ 95.) Out...
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