United States District Court, E.D. California
JON L. NYLAND, Plaintiff,
CALAVERAS COUNTY SHERIFF'S JAIL et al., Defendants.
ORDER DISMISSING FIRST AMENDED COMPLAINT WITHOUT
LEAVE TO AMEND AND DISMISSING ACTION WITH PREJUDICE
L. BECK UNITED STATES MAGISTRATE JUDGE.
Jon L. Nyland ("Plaintiff") is a state prisoner
proceeding pro se and in forma pauperis in this civil action
pursuant to 42 U.S.C. § 1983. Plaintiff filed this
action on June 11, 2015. On July 17, 2015, the Court screened
the complaint and dismissed it for failure to state a claim
with leave to file an amended complaint. On July 24, 2015,
Plaintiff filed a First Amended Complaint. He names Nurse Joy
Lynch, Doctor McKay, Correctional Officers Keith Vincent,
Mattos, and Manning, and Sergeant John Bailey as Defendants.
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. §
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.
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
SUMMARY OF PLAINTIFF'S ALLEGATIONS
was detained at Calaveras County Jail pending trial on
unidentified charges at the time the events giving rise to
this action occurred. He is currently incarcerated at Deuel
states that he suffers from mental illness. He complains that
the nurse failed to screen him when he was first booked into
jail on May 13, 2015. On June 2, 2015, Plaintiff grieved to
Defendant Bailey concerning his mental health. Defendant
Bailey advised him that he was on the list to see mental
health and a doctor. Plaintiff was given a medical slip. On
June 5, 2015, he was seen by a mental health worker who
advised him that he would be getting lithium and
anti-psychotic medication. On June 10, 2015, Plaintiff
grieved again because his symptoms had gotten worse. On June
13, 2015, he was seen by Defendant Dr. McKay. Defendant McKay
gave Plaintiff a mood stabilizer. Plaintiff complained that
the doctor misdiagnosed him and should have given him
anti-psychotic drugs. Plaintiff was advised he could obtain a
second opinion if he could pay for it. Plaintiff grieved to
the second level and complained that the doctor did not ask
for his symptoms or read his medical records. He grieved all
issues to the Sheriff on July 2, 2015, and the Sheriff
responded that he trusts his staff at the jail.
6, 2015, Plaintiff was advised by mental health worker Brenda
Hawley that in order to be released from the safety cell, he
would have to sign an agreement for his safety and the safety
of other inmates that he needed to push the emergency call
button in the common area or his cell to inform staff of
being locked down by Correctional Officer Vincent, Plaintiff
choked himself. He complained of injuries to Vincent, but
Vincent must have assumed Plaintiff was blaming him for his
injuries. Plaintiff was having difficulty breathing and had
hurt his neck when he fell. He pushed the button but there
was no immediate response. Correctional Officer Mattos passed
by and Plaintiff stopped her. Plaintiff was then taken to a
safety cell as per procedure.
Plaintiff complained of injuries and asked for treatment.
Correctional Officer Vincent and Nurse Lynch responded.
Vincent advised Lynch that Plaintiff had injured himself when
he was placed in the cell. Nurse Lynch reviewed the video
footage and concluded that Plaintiff had no need for medical
attention. Plaintiff then spent the night in the safety cell.
also complains that on two occasions, legal mail was
delivered to him but the mail had already been opened by
Defendants Mattos and Manning. Plaintiff claims this violated
his constitutional rights.
Plaintiff complains that prison officials retaliated against
him. He states he was housed in general population in E-Pod.
Directly after filing a civil claim against the jail, he was
moved to C-Pod and placed in administrative segregation
without explanation. Plaintiff also complains that Defendant
Bailey locked him down in the safety cell for six days after
he had choked himself without a hearing or written statement
of reasons. ...