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Shepard v. Quillen

October 13, 2009

LAMONT SHEPARD, PLAINTIFF,
v.
T. QUILLEN, DEFENDANT.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER DISMISSING CERTAIN CLAIMS (Doc. 1)

I. Screening Order

Plaintiff Lamont Shepard ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on May 7, 2009. (Doc. 1.)

The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or 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).

A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). 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, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusion are not. Id. at 1949.

II. Summary of Complaint

Plaintiff is a state prisoner currently incarcerated at Corcoran State Prison ("CSP") in Corcoran, California, where the events giving rise to this action allegedly occurred. Plaintiff names T. Quillen as Defendant.

Plaintiff alleges that on July 15, 2008, at approximately 1150 hours, Plaintiff was sitting in his assigned cell eating lunch. Defendant T. Quillen ("Defendant") approached the cell and yelled for Plaintiff. Defendant was conducting afternoon close custody count. Plaintiff pointed to his identification card taped at eye level at his cell door window. Defendant stated that Plaintiff had to say it. Defendant then returned to Plaintiff's cell with C/O Fuijtoka. Defendant told Plaintiff he was going to the program office, so he would have to cuff up. Plaintiff complied with Defendant's order.

After being handcuffed through the tray port, Plaintiff was pulled out of his cell. C/O Fuijtoka grabbed Plaintiff's ID card off the cell door window. Plaintiff was being taken to the program office to be placed in the holding cage. Defendant and Fuijtoka escorted Plaintiff down c-section to the side leading outside of the building. Once outside, Defendant shifted to the left side of Plaintiff, grabbed Plaintiff's left hand with Defendant's right hand and Plaintiff's left arm with Defendant's left hand. Defendant then started bending the left hand of Plaintiff's wrist and arm in an upward position, causing pain on Plaintiff's left arm, hand, and wrist. The pain intensified, and Plaintiff informed Defendant that he was hurting his arm, hand, and wrist. Defendant grunted and applied more pressure. On reaching the program office, Defendant tried to slam Plaintiff against the wall and Plaintiff put his foot out to prevent his face from hitting the wall.

Plaintiff was placed in holding cage two. Defendant tried to push Plaintiff into the cage, and Plaintiff again had to put his foot out to prevent being slammed into the back cage. Defendant left the handcuffs on Plaintiff. After about an hour, Plaintiff shifted the handcuffs to the front to relieve pressure. Sgt. Martinez then came in, took off the handcuffs, and noticed that Plaintiff's left wrist was bleeding. Plaintiff explained what happened, and Sgt. Martinez then spoke with Defendant. Sgt. Martinez after several discussions with Plaintiff determined that Plaintiff was making a staff complaint. Lt. Wise then came, and informed Plaintiff that he could only place Plaintiff in ad seg for the staff allegations.

At 1250 hours, a nurse came into the cage area to examine Plaintiff and recommend that he be taken to the emergency room. An hour later, Plaintiff was taken into an office and two sergeants videotaped Plaintiff's injuries. At around 3:45 PM, Plaintiff was taken to the emergency room, where his arm, wrist ,and hand were x-rayed. The doctor verbally informed Plaintiff that he had a small fracture in his wrist. Plaintiff was retained in ad seg until October 24, 2008 until release back to general population.

Plaintiff alleges retaliation and excessive force. Plaintiff seeks declaratory relief, injunctive relief, compensatory and punitive damages, and attorney's fees.

III. Plaintiff's ...


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