Lucas v. Department of Corrections, No. 93-55227
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 66 F.3d 245 |
| Docket Number | No. 93-55227 |
| Decision Date | 16 August 1995 |
| Parties | , 95 Cal. Daily Op. Serv. 7390, 95 Daily Journal D.A.R. 12,631 Webster Salasker LUCAS, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS; California Men's Colony-West, Defendants-Appellees. |
Page 245
95 Daily Journal D.A.R. 12,631
v.
DEPARTMENT OF CORRECTIONS; California Men's Colony-West,
Defendants-Appellees.
Ninth Circuit.
Decided Sept. 20, 1995.
Page 246
Webster Salasker Lucas, San Luis Obispo, CA, pro se for plaintiff-appellant.
Norman H. Sokolow, Deputy Attorney General, Los Angeles, CA, for defendants-appellees.
Appeal from the United States District Court for the Central District of California.
Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges.
Page 247
PER CURIAM:
Webster S. Lucas, a California state prisoner, appeals pro se the district court's sua sponte dismissal of his 42 U.S.C. Sec. 1983 action. Lucas alleged that the Department of Corrections and the California Men's Colony-West ("CMC-West") (collectively "appellees") showed deliberate indifference to his safety and serious medical needs when they maintained an unsafe prison drainage system and provided inadequate medical treatment to him after he fell into an uncovered drainage ditch. We have jurisdiction under 28 U.S.C. Sec. 1291, and we vacate and remand for further proceedings.
Lucas contends that the district court erred by dismissing his action, prior to issuance and service of process, without giving Lucas a reasonable opportunity to address the merits of appellees' "special report." We agree.
Lucas is a state prisoner confined in California Men's Colony-West in San Luis Obispo, California. Lucas alleged in his complaint that he fell into an uncovered drainage ditch in front of the prison dormitory area on August 15, 1992, injuring his right foot and ankle. On September 2, 1992, Lucas filed a civil rights action in district court asserting violations of his Eighth Amendment rights to safe prison conditions and adequate medical care. Lucas requested injunctive relief requiring appellees to cover the exposed prison drainage system, and compensatory damages for the injuries he sustained. The district court granted Lucas leave to file his complaint without prepayment of the filing fees, and issued an order referring the case to a magistrate judge.
On September 23, 1992, before Lucas's complaint was served on appellees, the magistrate judge ordered appellees to investigate and file a special report on the subject matter at issue in Lucas's complaint. Noting that "proper and effective judicial processing of the claim cannot be achieved without additional information from officials responsible for the operation of the appropriate custodial institution," the court requested information regarding: (1) the "facts and circumstances" underlying Lucas's complaint; (2) whether the prison could or should take action to resolve the issues raised by Lucas's complaint; and (3) whether prison officials were aware of any other complaints related to the prison drainage system. The court authorized appellees to conduct medical examinations and to interview Lucas and other witnesses. Moreover, the court directed that Lucas's complaint would not be served, nor would an answer or motion related to the complaint be filed, until appellees filed the special report.
Appellees filed the special report on December 1, 1992, along with a declaration from prison physician Dr. Bruce Faecher, copies of Lucas's medical records, and a declaration from CMC-West Associate Warden C.J. Salvato. Dr. Faecher declared that he had examined Lucas on a number of occasions after the alleged fall, and found him to be...
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Tietsworth v. Sears, Case No. 5:09-CV-00288 JF (HRL).
...to amend should be granted unless it is clear that the complaint's deficiencies cannot be cured by amendment. Lucas v. Dep't of Corr., 66 F.3d 245, 248 (9th Cir.1995). B. Discussion Although their claims arise under state law, Plaintiffs' allegations are subject to the pleading requirements......
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Hueter v. Kruse, Civ. 21-00226 JMS-KJM
...entitled to notice of the complaint's deficiencies and an opportunity to amend prior to dismissal of the action.” Lucas v. Dep't of Corr., 66 F.3d 245, 248 (9th Cir. 1995); see also Crowley v. Bannister, 734 F.3d 967, 977-78 (9th Cir. 2013). A court may, however, deny leave to amend where f......
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Moore v. Cal. Dep't of Corr., CASE NO. CV F 10-1165 LJO SMS
...Dept. of Transportation, 96 F.3d 420, 421 (9th Cir. 1996); Brooks, 951 F.2d at 1053; see also Lucas v. Department of Corrections, 66 F.3d 245, 248 (9th Cir. 1995) (per curiam) (Board of Corrections is agency entitled to immunity); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (Nevada ......
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Langan v. United Servs. Auto. Ass'n, Case No. 13–cv–04994–JST
...grant leave to amend unless it is clear that the complaint's deficiencies cannot be cured by amendment. Lucas v. Dep't of Corrections, 66 F.3d 245, 248 (9th Cir.1995). The district court, however, has “broad” discretion to deny leave to amend “where plaintiff has previously amended the comp......
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Gifford v. Kampa, No. 2:17-CV-2421-TLN-DMC
...Finally, leave to amend must be granted "[u]nless it is absolutely clear that no amendment can cure the defects." Lucas v. Dep't of Corr., 66 F.3d 245, 248 (9th Cir. 1995) (per curiam); see also Lopez v. Smith, 203 F.3d 1122, 1126 (9th Cir. 2000) (en banc).IV. DISCUSSION In this case, Plain......
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Tietsworth v. Sears, Case No. 5:09-CV-00288 JF (HRL).
...to amend should be granted unless it is clear that the complaint's deficiencies cannot be cured by amendment. Lucas v. Dep't of Corr., 66 F.3d 245, 248 (9th Cir.1995). B. Discussion Although their claims arise under state law, Plaintiffs' allegations are subject to the pleading requirements......
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Hueter v. Kruse, Civ. 21-00226 JMS-KJM
...entitled to notice of the complaint's deficiencies and an opportunity to amend prior to dismissal of the action.” Lucas v. Dep't of Corr., 66 F.3d 245, 248 (9th Cir. 1995); see also Crowley v. Bannister, 734 F.3d 967, 977-78 (9th Cir. 2013). A court may, however, deny leave to amend where f......
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Moore v. Cal. Dep't of Corr., CASE NO. CV F 10-1165 LJO SMS
...Dept. of Transportation, 96 F.3d 420, 421 (9th Cir. 1996); Brooks, 951 F.2d at 1053; see also Lucas v. Department of Corrections, 66 F.3d 245, 248 (9th Cir. 1995) (per curiam) (Board of Corrections is agency entitled to immunity); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (Nevada ......