United States District Court, C.D. California
Lance Williams, Plaintiff, Pro se, Vacaville, CA.
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND
HONORABLE KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE.
On December 3, 2014, Plaintiff Lance Williams, an inmate at California State Prison in Solano, filed a pro se First Amended Complaint (" FAC") pursuant to 42 U.S.C. § 1983 (" section 1983"). After screening the FAC pursuant to 28 U.S.C. § 1915(e), the Court dismisses it with leave to amend.
A. Original Complaint
On October 17, 2014, Plaintiff lodged a section 1983 complaint (" Original Complaint"). In the Original Complaint, Plaintiff alleged that, on December 31, 2010, while incarcerated at Pitchess Detention Center, he was assaulted by Assistant Deputy Sheriff C.A. Young (" Deputy Young"). ECF No. 3 at 2-5. Plaintiff alleged he bled as a result of the assault, and that when he asked Deputy Young for medical care, Deputy Young responded by calling him a racial slur. Id. at 5. Plaintiff alleged he later requested medical assistance from Sheriff John Doe 1, but Sheriff John Doe 1 denied him assistance and placed him in administrative segregation. Id. at 7. Plaintiff alleged he then filed a complaint and was interviewed by Sheriff John Doe 2, who told Plaintiff he would speak with Deputy Young. Id. According to Plaintiff, he never heard back from Sheriff John Doe 2, which is why he never completed the prison's administrative grievance procedure. Id.; see also id. at 2.
Plaintiff alleged violations of, inter alia, the Fifth, Eighth, and Fourteenth Amendments. Id. at 5-6. Plaintiff sued Deputy Young, Sheriff John Doe 1, Sheriff John Doe 2, and Los Angeles County Sheriff Lee Baca in their individual capacities. Id. at 3-4. He also sued Los Angeles County. Id. at 4. Plaintiff sought both compensatory and punitive damages. Id. at 8-9.
On November 6, 2014, after screening the Original Complaint, the Court issued an order dismissing it with leave to amend (" ODLA"). According to the ODLA, Plaintiff arguably stated an Eighth Amendment claim against Deputy Young, but failed to state a claim against Sheriff John Doe 2, Sheriff Lee Baca, or Los Angeles County. ECF No. 5 at 8. The ODLA explained Plaintiff had not alleged sufficient facts to demonstrate Sheriff John Doe 2 or Sheriff Baca violated his rights. Id. at 6. The ODLA further explained Plaintiff had not alleged sufficient facts to plausibly suggest Los Angeles County had a policy or custom whose execution caused Plaintiff's injuries. Id. at 7-8.
B. First Amended Complaint
The factual allegations in the FAC are essentially identical to those in the Original Complaint. However, Plaintiff now alleges Sheriff John Doe 2 affirmatively refused to interview and reprimand Deputy Young or to remove Plaintiff from his " bogus placement in [administrative segregation]." ECF No. 8 at 7.
Plaintiff no longer names Los Angeles County as a defendant. However, Plaintiff now sues the remaining defendants -- Sheriff Baca, Deputy Young, Sheriff John Doe 1, and Sheriff John Doe 2 -- in their individual and official capacities. Id. at 3-4. Plaintiff claims Sheriff Baca " [i]mplemented policies, regulations, [etc.] that caused use of excessive force, unprovoked and wanto[n] infliction of pain and loss of liberty." Id. at 3. Plaintiff claims Deputy Young used excessive force and was deliberately indifferent. Id. Plaintiff claims Sheriff John Doe 1 was deliberately indifferent to his medical needs and was racially discriminatory in placing him in administrative segregation. Id.; see also id. at 6 (stating Sheriff John Doe 1 " refused multiple requests I made for medical care and instructed two other deputies" that Plaintiff " 'don't need to see no medic'"). Plaintiff claims Sheriff John Doe 2 was deliberately indifferent in refusing to interview and reprimand Deputy Young, and was racially discriminatory in failing to remove Plaintiff from administrative segregation. Id. at 4.
Plaintiff seeks compensatory and punitive damages against each defendant. Id. at 8. Plaintiff also asks the Court to order Sheriff Baca to house him in a " high security" unit during the pendency of this suit.
STANDARD OF REVIEW