United States District Court, E.D. California
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND
L. BECK UNITED STATES MAGISTRATE JUDGE.
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.
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
ALLEGATIONS IN FIRST AMENDED COMPLAINT
is currently incarcerated at California State Prison,
Sacramento. The events at issue occurred while he was
incarcerated at the Fresno County Jail.
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
also sent Defendant Mims a request to be placed in a proper
unit for his bipolar disorder. His request was ignored.
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.
on these facts, Plaintiff alleges that he (1) was denied
medical care; and (2) was the victim of an assault because of