Davis v. MIMS

          ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND THIRTY-DAY DEADLINE

          DENNIS L. BECK UNITED STATES MAGISTRATE JUDGE.

         Plaintiff Jonathan Nathaniel Davis ("Plaintiff"), a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action on April 18, 2016. Plaintiff names the Fresno County Psych Team and Fresno County Sheriff Margaret Mims as Defendants.^[1]

         A. SCREENING STANDARD

         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. ALLEGATIONS IN FIRST AMENDED COMPLAINT

         Plaintiff is currently incarcerated at California State Prison, Sacramento. The events at issue occurred while he was incarcerated at the Fresno County Jail.

         Plaintiff alleges that he was in custody at the Fresno County Jail from February 27, 2013, through May 2013, when he was sent to state prison. While there, he made several requests to see psych services or to speak to a psych doctor about medication for his previously diagnosed bipolar disorder. His request was ignored, even though he had several suicide placements and an actual suicide attempt while at the jail. He contends that his mental state could have been treated with proper medication.

         Plaintiff also sent Defendant Mims a request to be placed in a proper unit for his bipolar disorder. His request was ignored.

         Because Plaintiff was unable to function/behave properly without his medication, and because he was improperly placed in a general population unit, he was assaulted by another inmate.

         Based on these facts, Plaintiff alleges that he (1) was denied medical care; and (2) was the victim of an assault because of improper housing.

         C. ...