Valdvia v. Smith

Decision Date15 December 2016
Docket NumberCase No. 1:16-cv-01020-SKO (PC)
PartiesJESSE VALDVIA, JR., Plaintiff, v. Dr. SMITH, et al., Defendants.
CourtUnited States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND and DENYING PLAINTIFF'S REQUESTS FOR INJUNCTIVE RELIEF

(Docs. 1, 8, 9)

THIRTY-DAY DEADLINE
INTRODUCTION
A. Background

Plaintiff, Jesse Validvia, Jr., is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. As discussed below, Plaintiff fails to state a cognizable claim upon which relief may be granted and the Complaint is DISMISSED. Although it appears unlikely that Plaintiff will be able to state a cognizable claim, he is granted one opportunity to correct the deficiencies identified below and leave to file a first amended complaint.

B. Screening Requirement and Standard

The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).

C. Pleading Requirements
1. Federal Rule of Civil Procedure 8(a)

"Rule 8(a)'s simplified pleading standard applies to all civil actions, with limited exceptions," none of which applies to section 1983 actions. Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512 (2002); Fed. R. Civ. Pro. 8(a). A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. Pro. 8(a). "Such a statement must simply give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Swierkiewicz, 534 U.S. at 512.

Violations of Rule 8, at both ends of the spectrum, warrant dismissal. A violation occurs when a pleading says too little -- the baseline threshold of factual and legal allegations required was the central issue in the Iqbal line of cases. See, e.g., Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937 (2009). The Rule is also violated, though, when a pleading says too much. Cafasso, U.S. ex rel. v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1058 (9th Cir.2011) ("[W]e have never held -- and we know of no authority supporting the proposition -- that a pleading may be of unlimited length and opacity. Our cases instruct otherwise.") (citing cases); see also McHenry v. Renne, 84 F.3d 1172, 1179-80 (9th Cir.1996) (affirming a dismissal under Rule 8, and recognizing that "[p]rolix, confusing complaints such as the ones plaintiffs filed in this case impose unfair burdens on litigants and judges").

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), quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Iqbal, 556 U.S. at 678, quoting Twombly, 550 U.S. at 555. Factualallegations are accepted as true, but legal conclusions are not. Iqbal. at 678; see also Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009); Twombly, 550 U.S. at 556-557.

While "plaintiffs [now] face a higher burden of pleadings facts . . . ," Al-Kidd v. Ashcroft, 580 F.3d 949, 977 (9th Cir. 2009), the pleadings of pro se prisoners are still construed liberally and are afforded the benefit of any doubt. Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010). However, "the liberal pleading standard . . . applies only to a plaintiff's factual allegations," Neitze v. Williams, 490 U.S. 319, 330 n.9 (1989), "a liberal interpretation of a civil rights complaint may not supply essential elements of the claim that were not initially pled," Bruns v. Nat'l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997) quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982), and 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). The "sheer possibility that a defendant has acted unlawfully" is not sufficient, and "facts that are 'merely consistent with' a defendant's liability" fall short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678, 129 S. Ct. at 1949; Moss, 572 F.3d at 969.

If he chooses to file a first amended complaint, Plaintiff should endeavor to make it as concise as possible. He should simply state which of his constitutional rights he believes were violated by each Defendant and set forth the supporting facts. Plaintiff need not and should not cite legal authority for his claims in a first amended complaint. His factual allegations are accepted as true and need not be bolstered by legal authority at the pleading stage. If Plaintiff files a first amended complaint, his factual allegations will be screened under the below legal standards and authorities.

2. Linkage and Causation

Section 1983 provides a cause of action for the violation of Plaintiff's constitutional or other federal rights by persons acting under color of state law. Nurre v. Whitehead, 580 F.3d 1087, 1092 (9th Cir 2009); Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). Plaintiff fails to show any basis upon which to find that the Delano Regional Medical Center ("the Center") is a state facility, stateagency, or in any way connected with the state for medical personnel therein to be "acting under color of state law." Nor does Plaintiff state any other basis upon which he premises the Center's liability in this action other than the fact that Dr. Smith performed his surgeries at that facility, Plaintiff assumes he is employed by the Center, and the Center provided the pin that Dr. Smith used on his clavicular repair.

Further, "[s]ection 1983 is not itself a source of substantive rights, but merely provides a method for vindicating federal rights elsewhere conferred." Crowley v. Nevada ex rel. Nevada Sec'y of State, 678 F.3d 730, 734 (9th Cir. 2012) (citing Graham v. Connor, 490 U.S. 386, 393-94, 109 S.Ct. 1865 (1989)) (internal quotation marks omitted). To state a claim, Plaintiff must allege facts demonstrating the existence of a link, or causal connection, between each defendant's actions or omissions and a violation of his federal rights. Lemire v. California Dep't of Corr. and Rehab., 726 F.3d 1062, 1074-75 (9th Cir. 2013); Starr v. Baca, 652 F.3d 1202, 1205-08 (9th Cir. 2011). Plaintiff's allegations must show how each individual defendant participated in the deprivation of his rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). This requires the presentation of factual allegations sufficient to state a plausible claim for relief. Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d at 969. However, prisoners proceeding pro se in civil rights actions are still entitled to have their pleadings liberally construed and to have any doubt resolved in their favor. Hebbe, 627 F.3d at 342. It is on this last basis that Plaintiff is granted an opportunity to amend his allegations.

DISCUSSION
A. Plaintiff's Allegations

Plaintiff is currently incarcerated at Ironwood State Prison in Blythe California, but attempts to state claims based on incidents that occurred while he was housed at North Kern State Prison in Delano California. Plaintiff names David Smith, M.D., Delano Regional Medical Center, "Manufacture of Medical Device (pin)," and the California Department of Corrections and Rehabilitation ("CDCR") as defendants in this action.

Plaintiff complains of events that occurred following a surgical repair of a broken clavicle. On October 23, 2014, Plaintiff allegedly submitted to surgical repair by Dr. Smith at Delano Regional Medical Center, for a "grade III A/C separated clavicle." Plaintiff alleges that six days after the surgery, he was on his bunk when he heard a loud pop and felt excruciating pain. He was taken for x-rays that revealed that the pin Dr. Smith used to repair his clavicle had snapped in half. Plaintiff alleges that he returned to the Delano Regional Medical Center on November 19, 2014, where Dr. Smith performed another surgery.

All went well until physical therapy was ordered. The physical therapist allegedly thought it was too soon for Plaintiff to begin therapy (though no time frame is stated), but initiated it because Dr. Smith had ordered it. Two weeks into therapy, Plaintiff was riding the stationary bike when another loud pop occurred, followed by excruciating pain. X-rays revealed "that once again [his] collarbone is out." Upon waking from the second surgery, C/O Chavez (who attended both surgeries) told Plaintiff that Dr. Smith said that "even if the sales rep comes 1000 times, he'll never buy that product again." Plaintiff seeks monetary damages and permanent pain medication.

As discussed in greater detail below, these allegations do not state a cognizable claim upon which Plaintiff may proceed. Plaintiff is given the standards that apply to his claims and opportunity to file an amended complaint.

B. Legal Standards
1. Eleventh Amendment Immunity

Plaintiff names the CDCR as a defendant. The Eleventh Amendment...

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