United States District Court, E.D. California
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (ECF No. 1) AMENDED PLEADING DUE IN THIRTY (30) DAYS
MICHAEL J. SENG, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. The Complaint is before the Court for screening.
I. SCREENING REQUIREMENT
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous, malicious, " or that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1)(2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that... the action or appeal... fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).
II. PLEADING STANDARD
Section 1983 "provides a cause of action for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws of the United States." Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 508 (1990), quoting 42 U.S.C. § 1983. Section 1983 is not itself a source of substantive rights, but merely provides a method for vindicating federal rights conferred elsewhere. Graham v. Connor, 490 U.S. 386, 393-94 (1989).
To state a claim under § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution or laws of the United States was violated and (2) that the alleged violation was committed by a person acting under the color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988); Ketchum v. Alameda Cnty., 811 F.2d 1243, 1245 (9th Cir. 1987).
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 (2009), citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Plaintiff must set forth "sufficient factual matter, accepted as true, to state a claim that is plausible on its face." Id. Facial plausibility demands more than the mere possibility that a defendant committed misconduct and, while factual allegations are accepted as true, legal conclusions are not. Id. at 667-68.
III. PLAINTIFF'S ALLEGATIONS
Defendant California Department of Corrections and Rehabilitations ("CDCR") has a policy of inadequate training and supervision pursuant to which Plaintiff was charged with and found guilty of battery upon an officer at Corcoran State Prison ("CSP"). The guilty finding was due to a false incident report, prison staff's failure to follow the CDCR's Departmental Operating Manual ("DOM") requirement that it properly investigate his contentions, and his inability to present witnesses at the disciplinary hearing. His grievance of the guilty finding was improperly screened out, delayed and canceled.
Defendant Kings County ("County") also has a policy of inadequate training and supervision pursuant to which the Kings County District Attorney's Office and prosecutors Thomas Snyder and Javier Navarett brought a criminal action against Plaintiff based on the false CDCR incident report and without probable cause. Plaintiff's Pitchess and Brady motions were wrongly denied by Kings County Judge Giulanni and his request to continue the preliminary hearing was wrongly denied by Kings County Judge O'Rourke.
Plaintiff's California Penal Code § 995 motion was granted and the state criminal prosecution was dismissed.
Plaintiff seeks monetary damages.
Plaintiff may not proceed against the CDCR. The Eleventh Amendment "erects a general bar against federal lawsuits brought against a state." Wolfson v. Brammer, 616 F.3d 1045, 1065-66 (9th Cir. 2010), quoting Porter v. Jones, 319 F.3d 483, 491 (9th Cir. 2003). The CDCR, a state ...