United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS
CASE BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO STATE A
CLAIM (ECF No. 12.) OBJECTIONS, IF ANY, DUE WITHIN 30
S. AUSTIN UNITED STATES MAGISTRATE JUDGE.
Stafford (“Plaintiff”) is a civil detainee
proceeding pro se and in forma pauperis with this civil
rights action pursuant to 42 U.S.C. § 1983. On January
8, 2015, Plaintiff and a co-plaintiff, Lamar Johnson, filed
the Complaint commencing this action. (ECF No. 1.) On
September 2, 2015, the court severed the plaintiffs'
claims and dismissed the Complaint for failure to state a
claim, with leave to amend. (ECF No. 9.) Plaintiff is now the
sole plaintiff in this case.
September 28, 2015, Plaintiff filed the First Amended
Complaint. (ECF No. 10.) On June 24, 2016, the court
dismissed the First Amended Complaint for failure to state a
claim, with leave to amend. (ECF No. 11.)
28, 2016, Plaintiff filed the Second Amended Complaint, which
is now before the court for screening. (ECF No. 12.)
forma pauperis statute provides that “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). “Rule 8(a)'s simplified pleading
standard applies to all civil actions, with limited
exceptions, ” none of which applies to section 1983
actions. Swierkiewicz v. Sorema N. A., 534 U.S. 506,
512 (2002); Fed.R.Civ.P. 8(a). 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). “Such a statement must simply give the
defendant fair notice of what the plaintiff's claim is
and the grounds upon which it rests.”
Swierkiewicz, 534 U.S. at 512. 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, 556 U.S. 662, 678, 129 S.Ct.
1937, 1949 (2009) (citing Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955 (2007)), and
courts “are not required to indulge unwarranted
inferences, ” Doe I v. Wal-Mart Stores, Inc.,
572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks
and citation omitted). While factual allegations are accepted
as true, legal conclusions are not. Iqbal, 556 U.S.
at 678. However, “the liberal pleading standard . . .
applies only to a plaintiff's factual allegations.”
Neitze v. Williams, 490 U.S. 319, 330 n.9 (1989).
“[A] liberal interpretation of a civil rights complaint
may not supply essential elements of the claim that were not
initially pled.” Bruns v. Nat'l Credit Union
Admin., 122 F.3d 1251, 1257 (9th Cir. 1997) (quoting
Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir.
SUMMARY OF SECOND AMENDED COMPLAINT
is civilly detained under the Sexually Violent Predator Act
at Coalinga State Hospital (CSH) in Coalinga, California, in
the custody of the California Department of State Hospitals
(CDSH), where the events at issue in the Second Amended
Complaint allegedly occurred. Plaintiff names as defendants
Pam Ahlin (Executive Director), Audrey King (Executive
Director of Hospital), Cliff Allenby (ex-Executive Director
of CDSH), Stephen Mayberg (ex-Executive Director of CDSH),
Jerry Brown (Governor of California), and the Fresno County
Board of Supervisors (collectively,
“Defendants”). Plaintiff makes the following
an African-American male, has resided at CSH since 2004. He
is infected with the disease known as Valley Fever.
Pam Ahlin is and was the Executive Director of CSH, and she
is now the Executive Director of CDSH. At all times relevant
to Plaintiff's complaint, defendant Ahlin was in the seat
of authority in Sacramento.
Audrey King is the Executive Director of CSH, and she was the
Director when Plaintiff contracted Valley Fever. Under her
administration, there have never been any measures taken to
Cliff Allenby is and was the Executive Director of CDSH,
headquartered in Sacramento. At all times relevant to the
Complaint, he was in the seat of authority in Sacramento. He
cannot assert that he was unaware of the hazardous nature of
Valley Fever in the soil, because the risk factors can be
found in the Infection Control Manual No. 3.5.
Stephen Mayberg is and was the Executive Director of CDSH.
There have been no medical or safety steps taken to protect
Plaintiff from contracting Valley Fever. There is scientific
and medical information in the Infection Control Manual No.
3.5. Mayberg deliberately overlooked the warning signs of the
lethal disease in the soil.
Jerry Brown is the Governor of California, with the authority
to recommend changes to a facility if there is a threat to
those individuals involuntarily held there. He knew of the
dangerous nature of Valley Fever spores in the soil where CSH
was built, from information from Pleasant Valley State
Prison. He deliberately ignored the conditions at CSH because
the individuals there were civil detainees and not prisoners.
Fresno County Board of Supervisors (the Board) is a branch of
government with authority to approve building or excavation
of land in Fresno County. The Board managed all the property
used for the construction and operation of CSH. The Board was
aware of the lethal threat of Valley Fever because of
scientific research brought to the Board's attention. The
Board failed to institute necessary precautions ...