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Deldago v. Gonzalez

United States District Court, E.D. California

October 15, 2014

ALEZANDER DELDAGO, Plaintiff,
v.
GONZALEZ, Defendant.

FINDINGS AND RECOMMENDATIONS REGARDING DEFENDANT'S MOTION TO DISMISS (Document 29)

DENNIS L. BECK, Magistrate Judge.

Plaintiff Alezander Delgado ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action on March 2, 2012. He filed a First Amended Complaint on April 4, 2013. On November 13, 2013, the Court screened the First Amended Complaint and found that it stated a cognizable retaliation claim against Defendant Gonzalez.

On April 24, 2014, Defendant filed a motion to dismiss the retaliation claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff filed his opposition on June 16, 2014, and Defendant filed her reply on June 23, 2014. The motion is deemed submitted pursuant to Local Rule 230(1).

A. ALLEGATIONS IN FIRST AMENDED COMPLAINT[1]

Plaintiff is currently incarcerated at High Desert State Prison in Susanville, California. The events complained of occurred at the California Substance Abuse Treatment Facility in Corcoran, California.

Plaintiff alleges that he wrote Defendant Gonzalez up on November 12, 2009, for "unbecoming" conduct and constant bias towards Plaintiff's lifestyle.

On March 6, 2010, Plaintiff contends Defendant Gonzalez had him written up for allegedly delaying her pill line. Pursuant to Plaintiff's exhibit, he received a Rules Violation Report ("RVR") for threatening staff. ECF No. 13, at 39. Plaintiff contends that there was no need to write him up and that he could have been given an order to move ahead. He was handcuffed and placed in the clinic holding cell. Plaintiff was detained throughout breakfast and completion of the a.m. pill line.

Sgt. Ibarra entered the clinic area, where he was met by Defendant Gonzalez. The two exchanged friendly conversation and "some detestable comments in regards to gays." ECF No. 13, at 3. Plaintiff was then returned to his assigned cell and received his medications with no further problems. At noon, Plaintiff received his medications from Defendant Gonzalez without a problem. At 5:00 p.m. and 8:00 p.m., he again went to the pill line and got his medications without a problem.

On March 7, 2010, throughout the day, Plaintiff received his medications from Defendant Gonzalez with no problem.

On March 8, 2010, Plaintiff was handcuffed and taken to the program holding cages, where he was held for several hours without knowing why. Officer Lyons eventually told him, "You know how the game is played." ECF No. 13, at 4. Officer Ibarra stopped by and smiled at Plaintiff, telling him, "I'm going to show you what happens when you mess with our staff." ECF No. 13, at 4.

Soon after, Plaintiff was involved in an altercation with Officer Akin. Plaintiff sustained injuries and was treated by medical staff. Officer Diaz was ordered to take Plaintiff to the Central Treatment Center and have him placed on suicide watch. As Officer Diaz was lifting Plaintiff, he heard him say, "Hey Gonzalez, look what you did to Delgado." Defendant Gonzalez cheered and said, "Get his sick ass." ECF No. 13, at 6.

Plaintiff was then re-housed in Ad-Seg.

On March 17, 2010, the Ad-Seg committee reviewed the lock-up order and Chief Deputy Warden Diaz ordered that Plaintiff be released and returned to Facility D. Plaintiff was held in Ad-Seg while a new lock-up order was issued by Defendant Gonzalez, who claimed that her life would be in serious danger if Plaintiff returned to Facility D.

On April 8, 2010, Plaintiff attended the disciplinary hearing on the RVR. He was found guilty of threatening staff and assessed a forfeiture of ...


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