United States District Court, N.D. California
ORDER OF SERVICE
MARIA-ELENA JAMES UNITED STATES MAGISTRATE JUDGE
an inmate at the Mendocino County Jail, has filed a pro se
civil rights action under 42 U.S.C. § 1983. He is
granted leave to proceed in forma pauperis by separate order.
His complaint is now before the Court for review under 28
U.S.C. § 1915A.
complaint alleges the following:
mid-November of 2015, plaintiff was in an administrative
segregation cell at the Mendocino County Jail. Out of
boredom, he was standing on the sink to see if he could touch
the ceiling. Defendant correctional officer Montevias walked
by and ordered plaintiff down. Plaintiff complied. Montevias
then began calling plaintiff names, and the two began
“trading insults back and forth.” Montevias
stated “You fucked up now, scumbag, ” and left
the housing unit. He returned with two other correctional
officers, defendants Zavala and Dow. They opened
plaintiff’s tray slot and ordered him to “cuff
up, ” i.e., submit to handcuffs. Plaintiff complied
with orders by placing his arms behind his back and through
then handcuffed plaintiff, yanking his arms through the tray
slot painfully and aggressively. The handcuffs were so tight
that they cut off circulation to plaintiff’s wrists.
Montevias then yanked again even harder and started bending
plaintiff’s right index finger as if trying to break
it. Plaintiff managed to pull away from the door to stop the
three officers then entered plaintiff’s cell, and
Montevias proceeded to grab plaintiff’s head and slam
it into the wall two times. Montevias then started punching
plaintiff in the ribs. The officers then pulled plaintiff out
of the cell. While escorting plaintiff out, Montevias was
pushing plaintiff’s arms up and behind
plaintiff’s head causing pain.
was placed in a safety cell that was typically reserved for
suicidal inmates. The safety cell was covered in someone
else’s feces and mucus. Plaintiff remained in the
safety cell for twenty-four hours, after which time he was
placed in a cell in the medical room.
came to the medical room and said to plaintiff, “You
better not say anything about what happened because I
didn’t write you up about that pruno that one
time.” Montevias then sat down in a chair outside
plaintiff’s cell and read the newspaper. During this
time, plaintiff received no medical treatment. A nurse
informed him that she had been ordered not to treat his
injuries, but only to take his vital signs.
also alleges that defendants Captain Pearce, Lieutenant
Bednar, and Sergeant Spearce were all aware of the jail
correctional officers’ violent conduct towards inmates
but did nothing about it.
he returned to his cell, all of plaintiff’s property
had been taken, and he was denied all medical request forms
and grievance forms. When he was able to finally submit a
grievance, defendant correctional officer Delasanto refused
to process his grievance multiple times.
ribs remained bruised for a month, making it difficult to
breathe. Plaintiff still has visible bumps on his wrist and
head and still suffers pain in his right shoulder. He has
been informed that it will take him up to eight months to