The opinion of the court was delivered by: Present: The Honorable Jay C. Gandhi, United States Magistrate Judge
Beatriz Martinez None Appearing
Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiff: Attorneys Present for Defendants:
None Appearing None Appearing Proceedings: (IN CHAMBERS) ORDER DISMISSING COMPLAINT WITH LEAVE TO FILE A FIRST AMENDED COMPLAINT
On February 21, 2013, plaintiff Leon Banks ("Plaintiff"), a California prisoner proceeding pro se, filed a civil rights complaint ("Complaint") pursuant to 42 U.S.C. § 1983. The Complaint alleges excessive force and inadequate medical treatment claims against six "John Does" and one "Jane Doe" (collectively, "Doe Defendants"), all of whom are Deputies employed by the "Los Angeles County Jail [at] 441 Bauchet Street[.]" (Compl. at 2-3.) The Doe Defendants are sued in their individual and official capacities. (Id. at 3-5.)
As currently pled, the Complaint warrants dismissal, but Plaintiff is afforded leave to amend.
Allegations of the Complaint
In sum, Plaintiff alleges that on or around March 18, 2009, at "the Los Angeles County Jail[,]" the Doe Defendants "beat [him] by kicking and punching him in the face and back area [with] metal batons[.]" (Compl. at 6.) Specifically, Plaintiff claims that while he was en route "to the pass" during "med-call[,]" Jane Doe approached him on two separate occasions and inquired about a Bible he was holding in his hand. (Id. at 7-8.) Plaintiff told Jane Doe "that [he] was 'not' violating any jail rules by having the Bible[.]" (Id. at 8.)
Then, Jane Doe told Plaintiff "to take off [his] shoes and to drop [his] Bible." (Id.) Immediately thereafter, the Doe Defendants "approached [him] and attacked [him] because [he] still had the Bible." (Id.) The Doe Defendants "beat [Plaintiff] in the head and back area" and "pepper sprayed [him] in the face." (Id.) Plaintiff alleges that he "[laid] flat on the floor with [his] hands behind his back" during the assault and never resisted the Doe Defendants. (Id.)
Immediately thereafter, the Doe Defendants "dragged [Plaintiff] down the hallway[,]" placed him in segregation, and "denied [him] proper medical treatment." (Id.
Based on these allegations, Plaintiff advances excessive force and inadequate medical care claims under the Fourth, Eighth and Fourteenth Amendments and seeks compensatory and punitive damages totaling $1,800,000. (Id. at 6, 10.)
The Prison Litigation Reform Act obligates the Court to review complaints filed by all persons proceeding in forma pauperis, and by prisoners seeking redress from governmental entities. See 28 U.S.C. §§ 1915(e)(2), 1915A. Under these provisions, the Court may sua sponte dismiss, "at any time," any prisoner civil rights action and all other in forma pauperis complaints which are frivolous or malicious, fail to state a claim, or ...