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Garcia v. Mendocino County Sherrif's Office

United States District Court, N.D. California

July 19, 2016

JAVIER RYAN GARCIA, Plaintiff,
v.
MENDOCINO COUNTY SHERRIF'S OFFICE, et al., Defendants.

          ORDER OF SERVICE

          MARIA-ELENA JAMES UNITED STATES MAGISTRATE JUDGE

         Plaintiff, 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.

         BACKGROUND

         The complaint alleges the following:

         In 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 the slot.

         Montevias 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 pain.

         All 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.

         Plaintiff 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.

         Montevais 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.

         Plaintiff 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.

         After 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.

         Plaintiff’s 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 heal.

         DISCUSSION

         A. ...


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