Moreno v. Thomas

• Decision Date: 04 June 2007
• Docket Number: No. CV05-8137VBF(RC).,CV05-8137VBF(RC).
• Court: U.S. District Court — Central District of California
• Parties: Leonard MORENO, Plaintiff, v. Mike THOMAS PIA (Supervisor), Defendant.

490 F.Supp.2d 1055

Leonard MORENO, Plaintiff, v. Mike THOMAS PIA (Supervisor), Defendant.

No. CV05-8137VBF(RC).

United States District Court, C.D. California.

June 4, 2007.

COPYRIGHT MATERIAL OMITTED

Leonard Moreno, Santa Cruz, CA, Pro se.

E. Katherine O'Brien, Office of Attorney General of California, Los Angeles, CA, for Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES

FAIRBANK, District Judge.

Pursuant to 28 U.S.C. Section 636, the Court has reviewed the Complaint and other papers along with the attached Report and Recommendation of United States Magistrate Judge Rosalyn M. Chapman, and has made a de novo determination.

IT IS ORDERED that: (1) The Report and Recommendation IS APPROVED AND ADOPTED; (2) plaintiff's claim against defendant Mike Thomas in his official capacity is dismissed sua sponte; and (3) the motion for summary judgment of defendant Thomas in his individual capacity on statute of limitation grounds IS DENIED.

IT IS FURTHER ORDERED that the Clerk shall serve copies of this Order and the Magistrate Judge's Report and Recommendation by the United States mail on the parties.

REPORT AND RECOMMENDATION OF A UNITED STATES MAGISTRATE JUDGE

CHAPMAN, United States Magistrate Judge.

This Report and Recommendation is submitted to the Honorable Valerie Baker Fairbank, United States District Judge, by Magistrate Judge Rosalyn M. Chapman, pursuant to the provisions of 28 U.S.C. § 636 and General Order 01-13 of the United States District Court for the Central District of California.

BACKGROUND

I

On February 6, 2006, plaintiff Leonard Moreno, a state inmate proceeding pro se and in forma pauperis, filed a civil rights complaint under 42 U.S.C. § 1983 against defendant Mike Thomas, in his individual and official capacities, claiming defendant Thomas was deliberately indifferent to plaintiff's serious medical needs in violation of the Eighth Amendment. More specifically, plaintiff alleges he had no respiratory problems prior to working at the Prison Industry Authority ("PIA") Soap Factory at the California State Prison, Los Angeles County ("CSP-LAC"). Complaint at 5a. However, during his factory employment, plaintiff was issued defective safety equipment. Id. at 5. Plaintiff complained to defendant Thomas, the PIA supervisor, that his safety equipment was defective and he was having trouble breathing and was "tasting blood in [his] chest"; however, defendant Thomas did not send plaintiff for a medical evaluation or replace the defective equipment, and plaintiff was diagnosed on February 27, 2003, with "black lung disease" after failing a test designed to measure his breathing ability. Id. at 5-5a. The plaintiff seeks $5 million in compensatory and punitive damages and "[a]ny/all injunctive relief" necessary "to halt the illegal/unconstitutional acts that go on daily at [CSP-LAC]." Id. at 6.

On May 8, 2006, defendant Thomas filed a motion to dismiss plaintiff's complaint, arguing California's Worker's Compensation Act, Cal. Labor Code §§ 3200 et seq., bars plaintiff's claims. On July 19, 2006, Magistrate Judge Rosalyn M. Chapman denied defendant Thomas's motion to dismiss, concluding plaintiff adequately alleged a deliberate indifference cause of action against defendant Thomas, see, e.g., Helling v. McKinney, 509 U.S. 25, 35, 113 S.Ct. 2475, 2481, 125 L.Ed.2d 22 (1993) (Inmate "states a cause of action under the Eighth Amendment by alleging that [defendants] have, with deliberate indifference, exposed him to levels of [a chemical] that pose an unreasonable risk of serious damage to his future health."); Wallis v. Baldwin, 70 F.3d 1074, 1076-77 (9th Cir. 1995) (defendants were deliberately indifferent to inmate's serious medical needs when they required inmate to clean prison attics without adequate safety equipment when they knew inmates working were at risk of exposure to asbestos), and the California's Worker's Compensation Act does not bar an inmate's Eighth Amendment claim. Jensen v. City of Oxnard, 145 F.3d 1078, 1084 n. 3 (9th Cir.), cert. denied, 525 U.S. 1016, 119 S.Ct. 540, 142 L.Ed.2d 449 (1998); cf. Vaccaro v. Dobre, 81 F.3d 854, 857 (9th Cir.1996) (federal worker's compensation scheme does not bar inmate's Eighth Amendment claim for prison work injuries). On August 9, 2006, defendant Thomas answered the complaint.

II

On March 15, 2007, defendant Thomas filed a notice of motion and motion for summary judgment on the sole ground that plaintiff's complaint is time-barred, a supporting memorandum of points and authorities, a statement of uncontroverted facts and conclusions of law, and the supporting declaration of Patty Castillo, with exhibits. On March 26, 2007, plaintiff filed an opposition to the motion for summary judgment; however, defendant did not file a reply.

DISCUSSION

III

Federal Rule of Civil Procedure 56(c) authorizes the granting of summary judgment "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." The moving party bears the initial burden of identifying the elements of the claim in the pleadings, or other evidence which the moving party "believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986); Adickes v. S.H. Kress and Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970); MetroPCS, Inc. v. City & County of San Francisco, 400 F.3d 715, 720 (9th Cir.2005). The burden then shifts to the nonmoving party to establish, beyond the pleadings, that there is a genuine issue for trial. Celotex Corp., 477 U.S. at 324, 106 S.Ct. at 2553; Porter v. Cal. Dep't of Corr., 419 F.3d 885, 891 (9th Cir.2005).

"[I]n ruling on a motion for summary judgment, the nonmoving party's evidence `is to be believed, and all justifiable inferences are to be drawn in [that party's] favor.'" Hunt v. Cromartie, 526 U.S. 541, 552, 119 S.Ct. 1545, 1551-52, 143 L.Ed.2d 731 (1999) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986)); Groh v. Ramirez, 540 U.S. 551, 562, 124 S.Ct. 1284, 1293, 157 L.Ed.2d 1068 (2004). However, more than a "metaphysical doubt" is required to establish a genuine issue of material fact. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Scribner v. Worldcom, Inc., 249 F.3d 902, 907 (9th Cir.2001). Rather, "the nonmoving party must come forward with `specific facts showing that there is a genuine issue for trial.'" Matsushita Elec. Indus. Co., 475 U.S. at 587, 106 S.Ct. at 1356 (citation omitted); Devereaux v. Abbey, 263 F.3d 1070, 1076 (9th Cir.2001)(en banc).

IV

The plaintiff sues defendant Thomas in both his individual and official capacities.¹ However, a suit against a public employee in his official capacity is equivalent to a claim against his employer, Kentucky v. Graham, 473 U.S. 159, 166, 105 S.Ct. 3099, 3105, 87 L.Ed.2d 114 (1985); Butler v. Elle, 281 F.3d 1014, 1023 n. 8 (9th Cir.2002), which, in this case, is the State of California. Lucas v. Dep't of Corr., 66 F.3d 245, 248 (9th Cir.1995); Watkins v. Cal. Dep't of Corr., 100 F.Supp.2d 1227, 1229 n. 2 (C.D.Cal.2000).

The Eleventh Amendment prohibits suits against a state or its agencies or departments for legal or equitable relief.² Papasan v. Allain, 478 U.S. 265, 276-77, 106 S.Ct. 2932, 2939-40, 92 L.Ed.2d 209 (1986); Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 100, 104 S.Ct. 900, 908, 79 L.Ed.2d 67 (1984). The Eleventh Amendment bars civil rights actions in the federal courts by a citizen against a state or its agencies unless the state has waived its immunity or Congress has overridden that immunity. Will v. Michigan Dept. of State Police, 491 U.S. 58, 66, 109 S.Ct. 2304, 2309-10, 105 L.Ed.2d 45 (1989); Stivers v. Pierce, 71 F.3d 732, 749 (9th Cir.1995). "The State of California has not waived its Eleventh Amendment immunity with respect to claims brought under § 1983 in federal court, and the Supreme Court has held that `§ 1983 was not intended to abrogate a State's Eleventh Amendment immunity[.]'" Dittman v. State of California, 191 F.3d 1020, 1025-26 (9th Cir.1999) (citations omitted), cert. denied, 530 U.S. 1261, 120 S.Ct. 2717, 147 L.Ed.2d 982 (2000).

However, the Eleventh Amendment "does not preclude a suit against state officers for prospective relief from an ongoing violation of federal law." Children's Hospital and Health Ctr. v. Belshe, 188 F.3d 1090, 1095 (9th Cir.1999), cert. denied, 530 U.S. 1204, 120 S.Ct. 2197, 147 L.Ed.2d 233 (2000); Ex Parte Young, 209 U.S. 123, 159-60, 28 S.Ct. 441, 454, 52 L.Ed. 714 (1908); Mayweathers v. Newland, 314 F.3d 1062, 1069-70 (9th Cir. 2002), cert. denied, 540 U.S. 815, 124 S.Ct. 66, 157 L.Ed.2d 30 (2003). Here, plaintiff makes a broad request for injunctive relief "to halt the illegal/unconstitutional acts that go on daily at [CSP-LAC]." Complaint at 6. Nevertheless, as plaintiff concedes, he is no longer incarcerated at CSP-LAC, see Complaint at 1-2; Opposition at 1; thus, plaintiff's claim for injunctive relief regarding conditions at CSP-LAC is moot, Nelson v. Heiss, 271 F.3d 891, 897 (9th Cir.2001); Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir.1995), and plaintiff cannot maintain a Section 1983 claim against defendant Thomas in his official capacity. Graham, 473 U.S. at 166, 105 S.Ct. at 3105; Butler v. Elle, 281 F.3d 1014, 1023 n. 8 (9th Cir.2002).

V

The statute of limitations for Section 1983 actions is determined by state law. Wallace v. Kato, ___ U.S. ___, ___, 127 S.Ct. 1091, 1094, ___ L.Ed.2d ___, ___ (2007); Wilson v. Garcia, 471 U.S. 261, 269, 105 S.Ct. 1938, 1943, 85 L.Ed.2d 254 (1985). Section 1983 claims are considered to be personal injury actions for statute of...