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Parks v. McEvoy

United States District Court, N.D. California

February 2, 2015

E. McEVOY, Defendant.


EDWARD M. CHEN, District Judge.


This is a pro se prisoner's civil rights action under 42 U.S.C. ยง 1983 in which Steven Dean Parks claims that E. McEvoy violated his Eighth Amendment rights by causing two of her inmate-clerks to attack him. Ms. McEvoy has moved for summary judgment and Mr. Parks has opposed the motion. For the reasons discussed below, the Court will grant Ms. McEvoy's motion for summary judgment.


The following facts are undisputed unless otherwise noted:

The events in question took place in November and December 2011 at San Quentin State Prison. Mr. Parks was an inmate at San Quentin serving a life sentence. Ms. McEvoy was an office technician who handled payroll and other administrative tasks in San Quentin's plant operations department. Although several inmates worked on the floor below her, Ms. McEvoy rarely spoke to them.

Ms. McEvoy wrote a CDC-115 rules violation report charging Mr. Parks with being "out of bounds." The description of the circumstances of the offense in the CDC-115 stated:

On Wednesday, November 30, 2011, at approximately 0830 hours, Inmate PARKS, 1-W-43L, entered the Maintenance Vocational Office Area which is clearly marked "Out of Bounds" on the floor and on the door. He entered into the office area and asked two inmate clerks, MILLER, E-63770 and MONTGOMERY, E03016 for a copy of a work order that was submitted. He tried to manipulate the inmates assigned to this area prior to attempting to get the information from staff. The inmates told I/M PARKS they would not give him a copy. He then came into my office and stated he wanted a copy of the work order. I explained to the inmate I was not authorized to release that document to him. I was not a supervisor. This inmate walked through an Out of Bounds area without permission from his supervisor or any free staff in this area. I phone[d] Correctional Officer Stevenson and explained to him what had occurred. Officer Stevenson promptly responded to the situation and dealt with the inmate. Inmate PARKS is aware that this 115 is forth coming.

Docket # 18-2 at 4. At a hearing held on January 7, 2012, Mr. Parks was found guilty. Id. at 5-6. The discipline imposed was that Mr. Parks "was counseled and reprimanded, " and "assessed 40 hours of extra duty to be completed by 3/07/2012." Id. at 6. The disciplinary decision later was set aside because of defects in the paperwork by the hearing officer. See Docket # 8 at 7.

Mr. Parks was attacked in his cell by five inmates on or about December 1, 2011.[1] Two of the attacking inmates (i.e., Miller and Montgomery) worked as clerks for Ms. McEvoy. They were aided by three of their inmate friends (i.e., Red, Black and Homeboy). They beat up Mr. Parks severely, but he did not seek or receive medical care because they told him they would harm him and/or his family if he said anything about the incident. When they left, "there was a warped (sic) up note on paper that said E. McVoy had sent this message to plaintiff." Docket # 8 at 3; see id. at 4.

Mr. Parks has contended in this action that Ms. McEvoy caused inmates Miller and Montgomery to attack him, although his many descriptions of the events have been vague on the critical point of how she did so. Mr. Parks' most lucid explanation of his theory is found in a declaration he filed in which he stated:

Plaintiff declares and contends that that (2) two inmates named Miller and Montgomery also named on a false 115 by E. McEvoy on or about December 5, 2011 on or about 2:30 p.m. the inmates Miller and Montgomery went and got (3) three of their fellas red, black, and homeboy came to my cell... [and] assaulted the plaintiff and left him with injuries and threats.
Plaintiff declares and contends that defendant E. McVoy had put the willfulness of this of this attack my life in danger and my families life in danger by putting the (2) two inmates named Miller and Montgomery on a false RVR 115, creating a hostile prison environment with E. McVoys name on the wrapped up paper left after the slaying, beating, threats, on plaintiff person.
Plaintiff declares and contends that the defendant E. McVoy used this act of untrue (false) 115 rules violation report (RVR) to start a very dangerous situation that left the plaintiff for dead ...

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