Walker v. Woodford
| Decision Date | 12 September 2006 |
| Docket Number | No. 05CV1705-LAB (NLS).,05CV1705-LAB (NLS). |
| Citation | 454 F.Supp.2d 1007 |
| Parties | K. Jamel WALKER and Dale R. Hurd, Plaintiffs, v. Jeanne S. WOODFORD, Director; Stuart Ryan, Warden (A), Does 1-10, Defendants. |
| Court | U.S. District Court — Southern District of California |
K. Jamel Walker and Dale R. Hurd, Calipatria, California, pro se.
Deputy Attorney General G. Michael German, Department of Justice, San Diego, for Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION AS MODIFIED, DENYING MOTION FOR PRELIMINARY INJUNCTION, GRANTING IN PART AND DENYING IN PART REQUESTS FOR JUDICIAL NOTICE, STRIKING CERTAIN EXHIBITS, GRANTING EN PART AND DENYING IN PART DEFENDANTS' MOTION TO DIMISS, AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO STRIKE
Plaintiffs K. Jamel Walker and Dale Hurd, inmates at Calipatria State Prison ("Calipatria"), filed a complaint in this case on August 30, 2005, seeking relief under 42 U.S.C. § 1983 for alleged violations of their Eighth Amendment rights. Plaintiffs complain that lights in their cells, which they are not permitted to cover, are turned on 24 hours a day. Plaintiffs allege that the light prevents them from sleeping adequately, and that this has caused a variety of sleep-related problems.
On October 4, 2005, Plaintiffs filed a motion seeking a preliminary injunction. Plaintiffs ask that Defendants be enjoined from subjecting them and all of their fellow inmates to light 24 hours a day, and from disciplining Plaintiffs and all of their fellow inmates for covering the lights in their cells. On January 20, 2006, after an extension of time by Magistrate Judge Nita Stormes, Defendants filed their opposition to this motion. On February 9, Defendants filed a supplemental memorandum of points and authorities opposing the motion. On February 14, Plaintiffs replied to Defendants' opposition.
On January 20, 2006, Defendants filed motions to dismiss and to strike, pursuant to Fed.R.Civ.P. 12(b), (b)(6), and (f); as well as a request for judicial notice accompanied by a declaration by G. Michael German. On February 9, Plaintiffs filed a request for judicial notice, along with a declaration from each of them. Plaintiffs filed another request for judicial notice on February 14, accompanied by a declaration by Plaintiff Walker. On February 15, Defendants filed a declaration by Defendant Ryan.
On February 17, Judge Stormes took the motion under submission, and on March 1, issued a report and recommendation ("R & R") recommending that (1) the parties' requests for judicial notice each be granted in part and denied in part; (2) Plaintiff Hurd's claims be dismissed without prejudice for failure to exhaust; (3) the Fourteenth Amendment claim be dismissed with leave to amend; (4) the claims against Defendant Woodford be dismissed with leave to amend; (5) the request for attorney's fees be stricken; (6) Defendants' motion to dismissed be denied in all other respects; (7) the motion for preliminary injunction be denied; and (8) various exhibits be stricken. Defendants did not object to the R & R. On May 5, 2006, Plaintiffs filed their objections to the R & R, to which Defendants did not reply.
A district court has jurisdiction to review the report and recommendation on dispositive pretrial motions. Fed.R.Civ.P. 72(b). "The district judge to whom the case is assigned shall make a de novo determination upon the record, or after additional evidence, of any portion of the magistrate judge's disposition to which specific written objection has been made in accordance with this rule." Id; see also 28 U.S.C. § 636(b)(1)(C). "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1)(C). Thus, this Court reviews those parts of the report and recommendation to which a party has filed specific written objections.
Allegations asserted by pro se petitioners, "however inartfully pleaded," are held "to less. stringent standards than formal pleadings drafted by lawyers." Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). Thus, where a plaintiff appears in pro per in a civil rights case, the court must construe the pleadings liberally and afford plaintiff any benefit of the doubt. See Karim-Panahi, 839 F.2d at 623. Although the Court must construe the pleadings liberally, "[p]ro se litigants must follow the same rules of procedure that govern other litigants." King v. Atiyeh, 814 F.2d 565, 567 (9th Cir.1987).
The Court, although construing Plaintiffs' complaint liberally, will not assume that Defendants have violated their rights in ways that have not been alleged. See Associated Gen. Contractors of Cal., Inc. v. Cal. State Council of Carpenters, 459 U.S. 519, 526, 103 S.Ct. 897, 74 L.Ed.2d 723 (1983).
The standard used to evaluate a motion to dismiss is a liberal one, particularly when the action has been filed pro se. However, a liberal interpretation of a civil rights complaint may not supply essential elements of the claim that were not initially pled. Vague and conclusory allegations of official participation in civil rights violations are not sufficient to withstand a motion to dismiss.
Ivey v. Board of Regents of University of Alaska, 673 F.2d 266, 268 (9th Cir.1982) (citations omitted).
To state a claim under § 1983, Plaintiff "must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law." West v. Atkins, 487 U.S. 42, 48, 108 S.Ct. 2250, 101 L.Ed.2d 40 (1988) (citing Parrott v. Taylor, 451 U.S. 527, 535, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981)).
Plaintiffs raise eight specific objections. They object that:
1. Judge Stormes erred in considering Defendant Ryan's declaration, which they contend was untimely, in opposition to the motion for preliminary injunction;1
2. This declaration contained false statements and should have been discounted;
3. Judge Stormes erred in refusing to consider or take judicial notice of their exhibits submitted in support of their motion for preliminary injunction;
4. They are entitled to preliminary injunctive relief because they have properly alleged "grave sleep problems";
5. Under Ninth Circuit precedent, subjecting prisoners to constant illumination is per se unconstitutional;
6. Plaintiff Hurd has exhausted his administrative remedies and therefore may properly pursue his claims;
7. Defendant Woodford is a proper defendant; and
8. Plaintiffs' equal protection claim is properly pleaded.
The first four objections pertain solely to Plaintiffs' motion for preliminary injunction. Although Plaintiffs requested in their opposition that four of Defendants' exhibits be struck, they do not object to the R & R's disposition of this request. They also do not object to most of the factual findings, to the R & R's recommendation that Defendants' request for judicial notice be granted in part, to the R & R's recommendation that their request for attorneys' fees be stricken, or to a number of other portions of the R & R. The Court has reviewed the R & R in its entirety and is satisfied that those portions not objected to are correctly analyzed and the correct disposition is recommended. Therefore, the Court will review in this order only those portions of the R & R to which Plaintiffs have specifically objected. The remainder, including most of the factual report, is hereby adopted.
Except where noted, the following factual background is taken from those portions of the R & R to which no objection was received, and which the Court has therefore adopted.
In this civil rights case, Plaintiffs Walker and Hurd, housed at California's Calipatria State Prison, bring this action to challenge the conditions of their confinement. Each of Plaintiffs' cells is lit by two 34-watt fluorescent lights which can be turned on or off by inmates. Each cell is also lit 24-hours a day by a 7-watt fluorescent bulb that is alleged to be equivalent a 40-60 watt incandescent bulb. Plaintiffs challenge the 24-hour lighting.
Between 1994 and 2004, Callpatria staff allowed inmates to cover cell light fixtures at night. Beginning December 20, 2004, however, Defendant Ryan issued a memorandum prohibiting this practice, and warning inmates that they would be subject to disciplinary action if violated this rule. Plaintiffs allege that as a result of this new policy, they have been deprived of adequate sleep and have suffered various physical, emotional, and mental symptoms such as headaches; eye strain; fatigue; irritability; and difficulty concentrating and sleeping. They allege that prisoners housed in other state facilities, as well as inmates in Calipatria's administrative segregation unit are not subjected to 24-hour illumination.
Plaintiffs pursue claims pursuant to 42 U.S.C. § 1983, arguing that the conditions of their confinement violate their Eighth Amendment rights and that the unequal application of the lighting rules violates their Fourteenth. Amendment equal protection rights. In addition to moving for a preliminary injunction, Plaintiffs seek declaratory and permanent injunctive relief, compensatory and punitive damages, and attorneys' fees and costs.
On May 4, 2006, Plaintiff Walker filed a notice of change of address. He is no longer at Calipatria, but is now being housed at a facility located in Ione, California.2 Neither Plaintiff has attempted to show a reasonable expectation that Plaintiff Walker may return to Calipatria.
As discussed below, Plaintiff Hurd's claims are being dismissed without prejudice for failure to exhaust administrative remedies. Because Plaintiff Walker has been transferred...
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