Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Leonard Jose Griego v. Cliff Allenby

October 2, 2012

LEONARD JOSE GRIEGO,
PLAINTIFF,
v.
CLIFF ALLENBY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

FIRST SCREENING ORDER DISMISSING FOURTH AMENDMENT CLAIM WITH PREJUDICE AND GRANTING LEAVE TO AMEND REMAINING CLAIMS (Doc. 1) THIRTY-DAY DEADLINE

First Screening Order

I. Screening Requirement and Standard

Plaintiff Leonard Jose Griego, a civil detainee proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on October 4, 2011. The Court is required to screen Plaintiff's complaint and dismiss the case, in whole or in part, if the Court determines it 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, 556 U.S. 662, 678, 129 S.Ct. 1937 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (2007)), and courts "are not required to indulge unwarranted inferences," Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted). While factual allegations are accepted as true, legal conclusions are not. Iqbal, 556 U.S. at 678.

Under section 1983, Plaintiff must demonstrate that each defendantpersonally participated in the deprivation of his rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). This requires the presentation of factual allegations sufficient to state a plausible claim for relief. Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d at 969.

II. Discussion

A. Summary of Allegations

Plaintiff, a civil commitment patient at Coalinga State Hospital (CSH) in Coalinga, California, alleges that Defendants Cliff Allenby, Acting Executive Director of the Department of Mental Health; Pam Ahlin, Executive Director of CSH; Ron Harmon, Chief of Hospital Police at CSH; and Sergeant Jerry Duvall violated his rights under the federal and state constitutions.

On September 16, 2011, six hospital police officers and a psychiatric technician, under the direction of Defendant Duvall, entered Plaintiff's room, informed him that they suspected he may have an internet device, searched his room, and videotaped the search -- all without his permission. Defendant Duvall confiscated Plaintiff's Portable Playstation, power cord, DVDs, and a USB storage device that had been given to Plaintiff minutes earlier by another patient. Defendant Duvall informed Plaintiff that they would return the property that day, but it continues to be held under the guise of an investigation.

Plaintiff alleges claims based on an unreasonable search and seizure under the Fourth Amendment, the denial of due process and equal protection under the Fourteenth Amendment, and the invasion of privacy, which also falls within the protection of the Fourteenth Amendment. Plaintiff seeks damages and injunctive relief.

B. Defendants Allenby, Ahlin, and Harmon

Under section 1983, Plaintiff must link the named defendants to the participation in the violation at issue. Iqbal, 556 U.S. at 676-77; Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1020-21 (9th Cir. 2010); Ewing v. City of Stockton, 588 F.3d 1218, 1235 (9th Cir. 2009); Jones, 297 F.3d at 934. Liability may not be imposed on supervisory personnel under the theory of respondeat superior, Iqbal, 556 U.S. at 676-77; Ewing, 588 F.3d at 1235, and as executives, administrators, or supervisors, Defendants Allenby, Ahlin, and Harmon may only be held liable if they "participated in or directed the violations, or knew of the violations and failed to act to prevent them," Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989); accord Starr v. Baca, 652 F.3d 1202, 1205-08 (9th Cir. 2011); Corales v. Bennett, 567 F.3d 554, 570 (9th Cir. 2009); Preschooler II v. Clark County School Board of Trustees, 479 F.3d 1175, 1182 (9th Cir. 2007); Harris v. Roderick, 126 F.3d 1189, 1204 (9th Cir. 1997). Some culpable action or inaction must be attributable to Defendants. Starr, 652 F.3d at 1205; Jeffers v. Gomez, 267 F.3d 895, 914-15 (9th Cir. 2001); Redman v. County of San Diego, 942 F.2d 1435, 1446-47 (9th Cir. 1991); Hansen v. Black, 885 F.2d 642, 646 (9th Cir. 1989).

Plaintiff's complaint is devoid of any factual allegations linking Defendants Allenby, Ahlin, and Harmon to the violation of his federal rights. Therefore, Plaintiff fails to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.