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Junior Tejeda v. San Bernardino Sheriff

May 26, 2011

JUNIOR TEJEDA,
PLAINTIFF,
v.
SAN BERNARDINO SHERIFF, ET AL., DEFENDANTS.



The opinion of the court was delivered by: CORMAC J. CARNEY UNITED STATES DISTRICT JUDGE

COMPLAINT WITH LEAVE TO AMEND

MEMORANDUM AND ORDER DISMISSING

For the reasons discussed below, the Complaint is dismissed with leave to amend. See 28 U.S.C. § 1915(e)(2)(B).

BACKGROUND

Plaintiff, a detainee at the West Valley Detention Center, filed this civil rights action pursuant to 42 U.S.C. section 1983 on May 19, 2011. Although the caption of the Complaint identifies the Defendants as the San Bernardino County Sheriff, Deputy Sheriff Enriquez and the West Valley Detention Center, the body of the Complaint identifies the Defendants as the Director of West Valley Detention Center Personnel, and Deputies J. Enriquez and M. Kunsman (Complaint, p. 3). Plaintiff sues Defendants Enriquez and Kunsman in their individual and official capacities (id.).

The Complaint contains three claims for relief arising out of an alleged incident on March 21, 2011 (id., p. 5). In Claim I, Plaintiff alleges that Plaintiff requested an inmate grievance in order to report that, during a cell search, officers tampered with Plaintiff's legal documents and took Plaintiff's legal notes pertaining to Plaintiff's criminal case in which he is representing himself (id., p. 5). Defendant Enriquez and a Deputy Caballero allegedly returned Plaintiff to his cell (id.). Defendant Enriquez, allegedly "very upset," assertedly grabbed Plaintiff's wrist, twisted it behind Plaintiff's back and handcuffed Plaintiff so tightly that the handcuffs allegedly cut into Plaintiff's skin and cut off his circulation (id., p. 5). Plaintiff allegedly was marched to another area, during which he and Defendant Enriquez exchanged "verbal differences" (id.). Defendant Enriquez allegedly slammed Plaintiff's head "very hard" against a door, assertedly causing Plaintiff to suffer pain and disorientation (id., p. 5 & attachment to p. 5).

Plaintiff allegedly upset Defendant Enriquez by asking for medical attention and the means to file a civil complaint against Defendant Enriquez (id., attachment to p. 5). Defendant Enriquez allegedly said "oh yeah" and slammed Plaintiff's head against a sliding door (id.). When Plaintiff allegedly voiced an intent to sue Defendant Enriquez, Enriquez assertedly uttered a profanity (id.).

Defendant Enriquez allegedly handcuffed Plaintiff and took Plaintiff to a holding cell (id., p. 6). In Claim I, Plaintiff purports to allege claims for excessive force, medical negligence and verbal harassment (id., p. 5).

In Claim II, Plaintiff asserts that, in the holding cell, Plaintiff allegedly told unidentified deputies and a sergeant about the alleged assault and asked for medical attention (id., "Claim II" attachment, p. 1). The deputies and sergeant allegedly ignored Plaintiff and refused to take a report or to photograph Plaintiff's purported injuries (id.). Plaintiff allegedly was "hidden" in administrative segregation until his swelling assertedly subsided (id.). Plaintiff allegedly suffered from blurred vision, nightmares and insomnia (id.). Plaintiff also alleges that unidentified deputies and jail personnel are subjecting Plaintiff to harassment and threatening looks due to Plaintiff's filing of grievances as well as Plaintiff's filing of complaints and motions in the San Bernardino Superior Court (id., "Claim II" attachment, pp. 1-2). Claim II purports to state claims for denial of medical care (id., "Claim II" attachment, p. 1).

In Claim III, Plaintiff alleges that Deputy Kunsman assertedly violated Plaintiff's due process right to file grievances. Plaintiff alleges that, on April 2, 2011, Plaintiff assertedly handed Deputy Kunsman a grievance regarding the alleged March 21, 2011 incident (id., "Claim III" attachment, p. 1). Deputy Kunsman allegedly attempted to dissuade Plaintiff from filing the grievance and did not process the grievance, instead giving it to Defendant Enriquez (id.).

Plaintiff alleges the grievance "presumably" was destroyed as part of a purported coverup (id.).

Plaintiff attaches various exhibits to the Complaint, including several partially illegible grievance forms, an "Inmate Grievance Investigation" report denying Plaintiff's grievances as untimely, several "Health Services Request" forms, and documents appearing to be motions filed in Plaintiff's criminal proceedings. Plaintiff seeks compensatory and emotional distress damages, punitive damages, and an order for a medical evaluation of Plaintiff's head injury by outside medical officials (id.).

DISCUSSION

It is unclear whom Plaintiff intends to sue in this action. Although the caption identifies the San Bernardino County Sheriff, Deputy Sheriff Enriquez and the West Valley Detention Center as Defendants, the body of the Complaint appears to allege wrongdoing by other deputies. A complaint is subject to dismissal if "one cannot determine from the complaint who is being sued, [and] for what relief . . ." McHenry v. Renne, 84 ...


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