A review of the complaint reveals that it does not, contrary to
defendant's assertion, set forth a due process claim, or, for that matter, any other
federal claim. The Complaint is on a form provided by the
Superior Court. On page three of the form Complaint, where the
causes of action are set forth, plaintiff has checked "General
Negligence" and "Intentional Tort," both state law causes of
action. Additionally, plaintiff writes in that section:
On 5/7/2003 officer R.S. Agtarap committed an Assault
and Battery on plaintiff by poking plaintiff in the
chest area, causing plaintiff to suffer pain,
emotional distress and mental pain and suffering.
In the attachment describing his cause of action, plaintiff
Assault and Battery by Officer Agtarap 1. Owed duty
to plaintiff to control his assaultive behavior, 2.
Breached that duty, by assaulting plaintiff, 3.
Injury resulted by the conduct of officer Agtarap
poking plaintiff in the chest area, causing physical
and mental injury.
The Complaint also includes an "Exemplary Damages Attachment," in
which plaintiff states that the predicate facts supporting
punitive damages, specifically, malice, fraud and oppression, can
be found in the staff and state Board of Control complaints that
he attaches as Exhibit A to the Complaint. The Complaint does not
include any causes of action other than the two above-described
state law claims; it does not contain an allegation that
plaintiff's administrative appeals were not processed properly;
it does not name as a defendant any individual who allegedly was
involved in the processing of those appeals; and it makes no
mention of due process or any other federal law.