The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A CLAIM WITH LEAVE TO AMEND RESPONSE DUE WITHIN 30 DAYS
Plaintiff Luis Roberto Martinez ("Plaintiff") is a prisoner in the custody of the California Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action by filing his complaint on August 31, 2010. 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 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.
Plaintiff is incarcerated at California Substance Abuse Treatment Facility ("SATF") in Corcoran, California, where the events giving rise to this action occurred. Plaintiff names as Defendants: Kings County; CDCR; Anthony Enenmoh, Chief Medical Officer of SATF; L. Schaper, Supervising Registered Nurse; K. Englert, Supervising Registered Nurse; P. Linihan, Supervising Registered Nurse; Martinez, Registered Nurse; Tami Arden, Licensed Vocational Nurse; P. Pascua, Licensed Vocational Nurse; and Doe, a nurse.
Plaintiff alleges the following. Plaintiff is a paraplegic, with loss of function in his legs and some part of his upper body. Plaintiff is wheelchair bound, and requires a change of his foley catheter every three weeks.
On May 4, 2009, Defendant Arden was changing Plaintiff's catheter. She was agitated regarding an incident in the parking lot, and was not paying attention during the procedure. That night, Plaintiff could not sleep due to a severe pain in his back and joints developed from a urinary tract infection ("UTI"). On May 5, 2009, Plaintiff's condition worsened, and he was hospitalized on May 11, 2009. On June 17, 2009, Defendant Arden changed Plaintiff's catheter. Plaintiff's back pain intensified. He was diagnosed with a UTI on June 25, 2009. Plaintiff filed an inmate grievance regarding this on June 30, 2009. On January 11, 2010, Defendants Linihan and Englert denied Plaintiff's appeal at the first level. Plaintiff contends that reprisals were taken against Plaintiff because he filed this grievance, in the form of suffering further UTIs.
On May 26, 2009, Plaintiff's catheter was changed by Defendant Pascua. This did not result in a UTI.
On August 19, 2009, Plaintiff's catheter was changed by Defendant Pascua, which resulted in urine culture. Plaintiff was placed on antibiotics on September 24, 2009. On January 18, 2010, Plaintiff's catheter was changed by Defendant Pascua. Plaintiff was then taken to medical with chest pain, migraine headaches, and high blood pressure. Plaintiff was diagnosed with a UTI on January 19, 2010. Plaintiff was scheduled for a catheter change on February 9, 2010. However, Defendant Arden informed the tower control officer that Plaintiff was not yet due for a change. Plaintiff's catheter was later changed on February 12, 2010.
On March 5, 2010, Defendant Martinez changed Plaintiff's catheter. On March 17, 2010, Plaintiff was prescribed antibiotics for a UTI. On April 16, 2010, Defendant Doe changed Plaintiff's catheter. She performed the procedure carelessly, shoving the catheter in quickly. Plaintiff suffered severe pain. Plaintiff was finally seen on April 20, 2010 and diagnosed with a UTI.
Plaintiff contends that Defendants Enenmoh, Schaper, Englert, and Linihan, as supervisors, demonstrated a a failure to train and supervise their employees. Plaintiff contends that Kings County and the CDCR are also vicariously ...