United States District Court, N.D. California
ORDER OF SERVICE RE: DKT., 8
A. WESTMORE United States Magistrate Judge
Gale Joseph Young, a state prisoner incarcerated at the San
Francisco County Jail, filed this pro se civil
rights action pursuant to 42 U.S.C. § 1983, alleging the
violation of his constitutional rights by employees of the
San Francisco County Jail. On February 3, 2016, the Court
issued an Order finding that, liberally construed,
Plaintiff’s allegations stated a cognizable First
Amendment claim against Deputies Taylor and Garza for denying
Plaintiff access to the courts and a First Amendment claim
against the same defendants for retaliating against Plaintiff
for exercising his First Amendment rights. The Court
dismissed with leave to amend the same claims against Lt.
Wheeler because the allegations did not show how he was
personally involved in the constitutional violations. The
Court also dismissed with leave to amend an Eighth Amendment
claim based on the denial of recreation because Plaintiff did
not name any defendants who were responsible for this
deprivation. On February 11, 2016, Plaintiff filed a first
amended complaint (“FAC”), which the Court now
Standard of Review
federal court must conduct a preliminary screening in any
case in which a prisoner seeks redress from a governmental
entity or employee of a governmental entity. 28 U.S.C. §
1915A(a). In its review, the court must identify any
cognizable claims and dismiss any claims that are frivolous,
malicious, fail to state a claim upon which relief may be
granted or seek monetary relief from a defendant who is
immune from such relief. Id. § 1915A(b)(1),
(2). Pro se pleadings must be liberally construed.
Balistreri v. Pacifica Police Dep't, 901 F.2d
696, 699 (9th Cir. 1988).
state a claim under 42 U.S.C. § 1983, a plaintiff must
allege two essential elements: (1) that a right secured by
the Constitution or laws of the United States was violated,
and (2) that the alleged violation was committed by a person
acting under the color of state law. West v. Atkins,
487 U.S. 42, 48 (1988).
FAC, Plaintiff adds the allegations that he mailed a
grievance and a letter to Lt. Wheeler, informing him that
Taylor and Garza were preventing Plaintiff from accessing the
court and were retaliating against him for filing grievances.
However, instead of taking action to stop the alleged
constitutional violations, Wheeler forwarded
Plaintiff’s letter to Taylor, the person about whom
Plaintiff was complaining. Viewed liberally, these
allegations appear to state cognizable First Amendment claims
against Wheeler, Garza and Taylor based on lack of access to
the courts and retaliation.
regard to the Eighth Amendment claim for lack of recreation,
Plaintiff alleges that he has filed many grievances
challenging his lack of recreation and the fact that he is
taken out of his cell only for a shower every two days. The
FAC alleges that Plaintiff sent a grievance and letter about
this to Lt. Wheeler, who forwarded the documents to Taylor,
both of whom did nothing to correct this alleged
constitutional violation. Viewed liberally, these allegations
appear to state a cognizable Eighth Amendment conditions of
confinement claim against Taylor and Wheeler.
original complaint, Plaintiff named the San Francisco
Sheriff’s Department as a defendant. However, he did
not mention the Sheriff’s Department in the original
complaint or in his amended complaint; therefore, any claims
against the Sheriff’s Department are dismissed. The
Clerk shall terminate this defendant from the docket.
on the foregoing, the Court issues the following orders
Plaintiff’s allegations appear to state cognizable
First Amendment claims for lack of access to the courts and
retaliation against San Francisco Sheriff’s Deputies
Taylor and Garza and San Francisco Sheriff’s Lt.
Wheeler. The allegations also appear to state a cognizable
Eighth Amendment conditions of confinement claim against
Deputy Taylor and Lt. Wheeler. The allegations do not state a
cognizable claim against the Sheriff’s Department and
any claims against it are dismissed with prejudice.
Clerk of the Court shall mail a Notice of Lawsuit and
Request for Waiver of Service of Summons, two copies of the
Waiver of Service of Summons, a copy of the complaint (docket
no. 1), the amended complaint (docket no. 8) and all
attachments thereto, a copy of this Order, a copy of the
Court’s February 3, 2016 Order (docket no. 7) and a
copy of the form “Consent or Declination to Magistrate
Judge Jurisdiction” to Deputies Taylor and Garza and
Lt. Wheeler at the San Francisco County Jail. This form
can also be found at
www.cand.uscourts.gov/civilforms. The Clerk shall
also mail a copy of the complaint, ...