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McGauley v. Mimms

United States District Court, E.D. California

March 20, 2015

ANTHONY McGAULEY, Plaintiff,
v.
MARGARET MIMMS, et al., Defendants.

ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND THIRTY-DAY DEADLINE

DENNIS L. BECK, Magistrate Judge.

Plaintiff Anthony McGauley ("Plaintiff") is a former inmate at the Fresno County Jail proceeding pro se and in forma pauperis in this action pursuant to 42 U.S.C. § 1983. Plaintiff filed his complaint on November 3, 2014. He names Fresno County Sheriff Margaret Mimms, a Corizon Health Assessing Nurse and a Corizon Health Psychologist as Defendants.[1]

A. 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 or malicious, " 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).

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, 129 S.Ct. 1937, 1949 (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 that is plausible on its face.'" Id. (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Id.

Section 1983 provides a cause of action for the violation of Plaintiff's constitutional or other federal rights by persons acting under color of state law. Nurre v. Whitehead, 580 F.3d 1087, 1092 (9th Cir 2009); Long v. County of Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006); Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). Plaintiff's allegations must link the actions or omissions of each named defendant to a violation of his rights; there is no respondeat superior liability under section 1983. Iqbal, 556 U.S. at 676-77; Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1020-21 (9th Cir. 2010); Ewing v. City of Stockton, 588 F.3d 1218, 1235 (9th Cir. 2009); Jones, 297 F.3d at 934. Plaintiff must present factual allegations sufficient to state a plausible claim for relief. Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The mere possibility of misconduct falls short of meeting this plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d at 969.

B. SUMMARY OF PLAINTIFF'S ALLEGATIONS

Plaintiff is a former inmate of the Fresno County Jail, where the events at issue occurred.

Plaintiff contends that on August 8, 2014, he was booked into the Fresno County Jail. At the time of his medical screening, Plaintiff was verified to be under the care of a psychiatrist and actively taking a large dose of Wellbutrin. The jail verified the prescription but did not issue medication until 15 days later. Plaintiff contends that this lapse caused serious withdrawal symptoms, which caused physical and mental suffering.

Plaintiff alleges that he was not given any medication until his family brought his personal prescription from home.

After two weeks of taking medication as prescribed, Plaintiff was seen by a psychologist, who, for no reason, reduced Plaintiff's dosage. This reduction caused an irritable condition.

On October 15, 2014, Plaintiff discovered at medication pass that his medication was cancelled all together. By October 20, 2014, Plaintiff's withdrawal symptoms caused "such a mental and physical state of debilitation" that Plaintiff became catatonic and socially disruptive. ECF No. 1, at 4. An altercation ultimately occurred, resulting in an injury to Plaintiff's hand.

C. DISCUSSION

1. ...


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