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Cesar Garcia v. Chris Peskatela

October 18, 2011

CESAR GARCIA, PLAINTIFF,
v.
CHRIS PESKATELA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: VICTOR B. Kenton United States Magistrate Judge

ORDER RE DISMISSAL WITH LEAVE TO AMEND

Pro se Plaintiff Cesar Garcia (hereinafter referred to as "Plaintiff") filed a Complaint for "Civil Rights Pursuant to 42 U.S.C. § 1983" on October 11, 2011, pursuant to the Court's Order re Leave to File Action Without Prepayment of Full Filing Fee.

BACKGROUND

Plaintiff alleges that while he was incarcerated at the Indio Jail in January of 2009 he was brutally attacked. Plaintiff alleges that Defendants Indio Police Officer Peskatela, Sheriff's Deputy Diaz and Sheriff's Deputy Reicko failed to protect him from harm and were deliberately indifferent in violation of the Eighth Amendment to the United States Constitution. Plaintiff also contends that Defendants were unprofessional and negligent. (See Complaint at 3, 5 and attached pages.)

Plaintiff alleges in October 2003 he was approached by Indio police officers regarding a homicide that took place at the apartment complex where Plaintiff resided. Plaintiff alleges he was cooperative upon being questioned by Defendant Officer Peskatela.

Plaintiff alleges two weeks later he was arrested for sales and possession of firearms. Plaintiff was again questioned by Defendant Officer Peskatela and booked into Indio Jail and then released on bond. Subsequently, in August of 2005 Plaintiff was convicted of the sales and possession of firearms charges and spent two years in state prison.

Plaintiff alleges in 2006 while incarcerated at North Kern State Prison he was contacted again regarding the homicide and was informed that a suspect had been apprehended. The suspect was someone Plaintiff had briefly known. Plaintiff was questioned and asked whether he would testify in court. Plaintiff said he was afraid of the suspect and concerned for his family. (Complaint, attached p. 2.) Defendant Officer Peskatela laughed and said other people had provided information in the case and were provided protection. Plaintiff was told as long as he cooperated he would be provided protection. (Id. at 2.)

Plaintiff was released in September 2008 and said he was not aware he would be called as a witness in the homicide case and not aware that his name would be given to the suspect through discovery.

Plaintiff alleges in January 2009, when he was again arrested, he was placed in a housing unit at the Indio Jail with individuals who were connected to the suspect and was brutally attacked. (Id. at 4.) Plaintiff was stabbed and told it was because of his cooperation. Plaintiff alleges he learned that "jail staff were aware this paperwork (reports)" was in the possession the inmates. Defendants Sheriff's Deputy Diaz and Deputy Reicko said the attack was due to Plaintiff's name being on the reports. (Id. at 4.) Plaintiff alleges that had he known his name was in the discovery he would not have gone into the general population tank at the Indio Jail. Plaintiff alleges he should have been placed in protective custody.

Plaintiff has named the following Defendants in both their official and individual capacities: Indio Police Officer Chris Peskatela, Sheriff's Deputy Matt Diaz and Deputy Reicko. (Complaint at 3.)

Plaintiff seeks compensatory damages against each Defendant in the amount of $500,000 and punitive damages of $1.5 million. (Complaint at 6.)

STANDARD OF REVIEW

Because Plaintiff is seeking to proceed in forma pauperis, the Court shall review such a complaint "as soon as practicable after docketing." Pursuant to 28 U.S.C. ยง 1915(e)(2), the District Court is required to dismiss a complaint if the Court ...


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