United States District Court, E.D. California
ORDER DISMISSING COMPLAINT FOR FAILURE TO STATE A COGNIZALBE CLAIM (ECF NO. 1)
AMENDED COMPLAINT DUE WITHIN THIRTY (30) DAYS
MICHAEL J. SENG, District Judge.
I. PROCEDURAL HISTORY
Plaintiff Rechell Williams, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on November 17, 2014. (ECF No. 1.) His complaint is now before the Court for screening.
II. 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 on which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).
III. SUMMARY OF COMPLAINT
Plaintiff identifies California Department of Corrections and Rehabilitation ("CDCR") Mental Health, Psychiatrist and Psychologist John Doe, Mental Health Supervisor John Doe, and Mental Health Associate Warden John Doe as defendants. Plaintiff alleges the following:
On September 12, 2013, Plaintiff was attacked by fellow inmate Garcia. (Compl. at 3.) Garcia was designated as an "Enhance Out Patient" ("EOP") inmate and had been on suicide watch. Id. On the date of the attack, Psychiatrist and Psychologist John Doe released Garcia from the EOP population to the general population. Id. at 3-4. Garcia's medication was not monitored. Id. at 4. He became angry, began pacing, and then attacked Plaintiff and attempted to throw him over the second floor tier to the first floor. Id. Plaintiff sustained physical injuries and mental anguish. Id. The Defendants failed to protect Plaintiff from a substantial risk of harm in violation of the Eighth Amendment.
A. Section 1983
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) (quoting Baker v. McCollan, 443 U.S. 137, 144, n. 3 (1979)).
To state a claim under Section 1983, a plaintiff must allege two essential elements: (1) that a right secured by the Constitution and 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); see also Ketchum v. Cnty. of Alameda, 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 Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Id. Facial plausibility demands more ...