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Charles Alexander Boyd v. City of Riverside

June 18, 2012

CHARLES ALEXANDER BOYD, PLAINTIFF,
v.
CITY OF RIVERSIDE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Marc L. Goldman United States Magistrate Judge

I. Facts

ORDER DIRECTING SERVICE OF THIRD AMENDED COMPLAINT AS TO CERTAIN DEFENDANTS AND ORDER DISMISSING DEFENDANTS

Charles Alexander Boyd initially filed this pro se civil rights action, pursuant to 42 U.S.C. § 1983, on January 10, 2012. At the time, he was a pretrial detainee at the Riverside County Jail. He has since been released from custody. The original complaint and two amended complaints were dismissed with leave to amend. On June 15, 2012, Plaintiff filed his third amended complaint.

The underlying facts show that in June 2010, Plaintiff was arrested and/or cited by Kenneth Guilford with assault.*fn1 As of early November 2011, Plaintiff was incarcerated in the Riverside County Jail, presumably on the underlying assault charge.*fn2 While incarcerated, Plaintiff was diagnosed with cancer of the liver.

In the third amended complaint, Plaintiff claims that Guilford had him arrested without probable cause and that Defendants Lt. Valteria, Captain Knudson, Sgt. Hardin, Sgt. Madearos, Sgt. Larson and Deputy Dallas, denied him adequate medical treatment for his cancer.*fn3 Plaintiff also claims that on December 22, 2011, he was assaulted by inmates Gomas and Grey, while Deputies Larson and Dallas observed and failed to intervene.

While in custody in late 2011 or early 2012, Plaintiff was found incompetent to stand trial by the Riverside County Superior Court. He was transferred to the Patton State Hospital ("PSH") for treatment. Plaintiff claims that while at the state hospital, Octavio Carlos Luna and George Christison, the Executive Director and Medical Director of the hospital respectively, failed to protect Plaintiff from being forcibly medicated and assaulted. In February 2012, Plaintiff was found competent to stand trial and apparently soon thereafter released from custody.*fn4

The Defendants and causes of action in the third amended complaint are summarized as follows:

1. Deputy Kenneth Guilford arrested him with out probable cause on the assault charge.

2. Defendants Lt. Valteria, Captain Knudson, Sgt. Hardin, Sgt. Madearos, Sgt. Larson and Deputy Dallas, denied him adequate medical treatment for his cancer while incarcerated at the Riverside County Jail.

3. Defendants Larson and Dallas failed to protect Plaintiff from an assault by other inmates.

4. Defendants Octavio Carlos Luna and George Christison allowed Plaintiff to be forcibly medicated while hospitalized at Patton State Hospital.

5. Riverside County and the Patton State Hospital are liable because they employed the individual defendants.

Plaintiff has stated a viable cause of action against defendants Guilford, Lt. Valteria, Captain Knudson, Sgt. Hardin, Sgt. Madearos, Sgt. Larson and Deputy Dallas in their individual capacities, but not in their official capacities. He has failed to state a claim upon which relief may be granted as to Riverside County, Patton State Hospital, Octavio Carlos Luna and George Christison. Accordingly, the latter four defendants will be dismissed without ...


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