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April 5, 1994

T. FIOLA, et al., Defendants.


The opinion of the court was delivered by: JAMES WARE

Plaintiff, Susan Huffman, has filed a pro se civil rights complaint against Defendants pursuant to 42 U.S.C. ยง 1983. She also seeks to proceed in forma pauperis.


 A. November 19, 1993 Order

 In its November 19, 1993 Order, the Court found Plaintiff stated cognizable claims against Defendants Fiola, Dalton and Lizarraga for violation of her Fourth and Eighth Amendment rights. The Court 1) dismissed Plaintiff's deprivation of property claim, 2) dismissed her access to the law library claim and 3) dismissed the County of Monterey and the Sheriff's Department as defendant. The Court granted Plaintiff leave to amend on these claims. Moreover, the Court dismissed additional claims without leave to amend. The Court received an amended complaint on December 28, 1993 in which Plaintiff submitted new claims against additional defendants.

 1. Sufficiency of Amended Complaint

 The Court dismissed Plaintiff's deprivation of property claim but granted leave to amend with respect to the nature of the property confiscated and the circumstances under which it was taken. Plaintiff has failed to amend the complaint to allege these facts. Accordingly, the deprivation of property claim is hereby DISMISSED with prejudice.

 The Court found that Plaintiff stated a cognizable claim for denial of access to the law library, but dismissed the claim with leave to amend directing Plaintiff to identify the person who denied her access to the law library. Plaintiff has failed to amend as directed and the Court accordingly DISMISSES this claim, with prejudice.

 Plaintiff has failed to allege any facts in her amended complaint which impose liability upon Monterey County or the Sheriff's Department. Accordingly, these Defendants are DISMISSED with prejudice.

 B. Factual Background of New Claims

 The Pacific Grove Police Department arrested Plaintiff at her home on March 1, 1992. During the booking procedure, Plaintiff alleges police officer Neil Shaw directed her to a booking cell and began conducting a search of her person. Plaintiff claims Officer Shaw molested and sexually assaulted her as she adamantly protested. She alleges two other officers, David Palmer and John Purdham, present during the assault, not only ignored her cries for help, but laughed during the incident.

 Later, Plaintiff was transported to jail. After checking with his supervisors, the floor guard on duty allowed Plaintiff to call a women's crisis center to document the alleged assault with an outside source. Plaintiff was not allowed to make the call in private.

 On March 3, 1992, Plaintiff claims Sgt. Reagan and a group of guards entered her cell and "hog-tied" Plaintiff in a painful manner. Plaintiff claims she remained hog-tied on the bus ride to her court appearance and claims that she was injured from the restraints and from falling off the seat on the bus every time the bus stopped.

 Plaintiff alleges that Deputy Smith, the bus driver, led her to a holding cell by pulling Plaintiffs hair. Plaintiff allegedly remained in the holding cell, hog-tied on the floor for four hours while none of the other women in the cell were restrained in any way. Plaintiff claims that whenever Deputy Smith entered the cell, she would slam Plaintiff's head against the concrete wall without provocation.

 When taken into court, Plaintiff wore foot restraints which caused her pain and made it very difficult for her to walk. Plaintiff alleges that she had been in restraints for so long her hands were black and swollen and that she has permanently lost feeling in her hands.

 Later, on August 18, 1993, while serving her sentence at the Monterey County Jail, Plaintiff alleges that Deputy Schaffer violated Plaintiff's civil rights. Plaintiff claims that during the one hour Plaintiff was allowed out of her cell, Deputy Schaffer, unprovoked by Plaintiff, harassed and threatened Plaintiff. After threatening to "kick her ass," Schaffer put Plaintiff in a rubber room for about an hour. *fn1" Upon taking Plaintiff back to her cell, Schaffer stopped to pick up a grievance form for Plaintiff. When Plaintiff informed Schaffer that she did not need the form since she would be filing an action in district court, Plaintiff alleges that Schaffer got very angry and "stomped" on ...

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