United States District Court, C.D. California
AMENDED MEMORANDUM AND ORDER DISMISSING COMPLAINT
WITH LEAVE TO AMEND
E. MCDERMOTT, UNITED STATES MAGISTRATE JUDGE
January 17, 2015, Steven Dwayne Brown
(“Plaintiff”), proceeding pro se and
in forma pauperis, filed a civil rights complaint
pursuant to 42 U.S.C. § 1983 (“Complaint”).
10, 2016, Defendants Anthony Baudino (erroneously sued as
Lieutenant Oboudin) and Dylan Butler filed a Motion to
Dismiss. On July 13, 2016, Plaintiff filed an Opposition. On
August 11, 2016, Baudino and Butler filed a Reply.
October 11, 2016, Defendant Morales filed a Motion to
Dismiss. On November 17, 2016, Plaintiff filed an Opposition.
On December 6, 2016, Morales filed a Reply.
Motions to Dismiss are now ready for decision. For the
reasons set forth below, the Court finds that the Complaint
should be dismissed with leave to amend for failure to comply
with Fed.R.Civ.P. 8.
OF THE COMPLAINT
has filed the instant suit against Defendants Baudino,
Butler, and Morales, all of whom are Los Angeles County
Sheriff's Department (“LASD”) personnel. The
Complaint is premised on a February 8, 2015 incident in which
Plaintiff was sprayed with Oleoresin Capsicum spray
(“OC spray” or “pepper spray”).
alleges the following:
February 8, 2015, Plaintiff was a pretrial detainee at the
Men's Central Jail. (Complaint at 9, .) He was escorted
from the Law Library in the Men's Central Jail to an area
taped off and told to “face the wall.”
(Id.) Plaintiff complied, and he was handcuffed from
behind. (Id.) Three minutes later, Morales and
Butler arrived to Plaintiff's location and informed him
that he would be moved to “Baker Row, ” where all
pro per inmates were housed. (Id. at 10.) Plaintiff
stated, “‘No, I'm not going back to that
tier.'” (Id.) The inmates from that tier
had told Plaintiff in front of Butler “that they were
going to ‘f**k me up if I came back to that
tier.'” (Id.) In response, Morales stated,
“‘If you don't head over there now, I'm
going to order my deputies to spray you with pepper
spray.'” (Id. at 11.) Plaintiff refused to
comply and asked to speak with a watch commander.
(Id.) He turned around and faced the wall, ceasing
further communication with Morales. (Id.) Morales
again warned Plaintiff that he would be sprayed with pepper
left for a few minutes and returned with Baudino, who
attempted to speak with Plaintiff about his refusal to go to
Baker Row. (Id. at 12.) Plaintiff reiterated that he
had been threatened by inmates on Baker Row and stated,
“‘I'm not going anywhere with this defendant
S[e]rgeant Morales.'” (Id.) Baudino
explained that the inmates who had threatened Plaintiff had
been moved, and if he refused to move he would be pepper
sprayed. (Id. at 13.) Plaintiff again refused to go,
reiterating that it was not safe for him. (Id.)
then stopped speaking to Baudino. (Id.) He turned to
face the wall and sat down cross legged with his hands cuffed
behind him. (Id.) Baudino ordered Plaintiff to stand
up and head to Baker Row or else he would be pepper sprayed.
(Id. at 13-14.) Baudino told Morales to order his
deputies to spray Plaintiff. (Id. at 14.) Morales
told Butler and another deputy to have Plaintiff stand.
(Id.) Plaintiff asked to go to G-Row (disciplinary
segregation) instead of Baker Row, but Morales told Plaintiff
he would go to Baker Row or be pepper sprayed. (Id.)
Again, Plaintiff refused citing safety concerns.
and the other deputy let go of Plaintiff, who then fell to
the floor. (Id. at 15.) Plaintiff faced the wall.
(Id.) Butler then pepper sprayed Plaintiff.
(Id. at 15-16.) The pepper spray hit Plaintiff in
the face, eyes, ears, mouth, scalp, and groin. (Id.
at 16.) Plaintiff suffered extreme pain from the pepper
spray. (Id. at 18.) Plaintiff was subdued and was
not offering any resistance at the time he was sprayed.
sprayed Plaintiff in retaliation for his filing numerous
grievances against Defendants in the past. (Id. at
22.) Morales ordered his deputies to spray Plaintiff in
retaliation for his pursuit of grievances. (Id. at
23-25; Complaint Part 2 at 1.)
seeks the following relief:
1. A declaratory judgment that the use of OC spray on a
handcuffed, subdued pretrial detainee is unlawful.
2. Compensatory damages.
3. Punitive damages.
4. An order requiring all Los Angeles County jail inmates
with asthma to wear a wristband or bracelet identifying the
inmate as suffering from asthma.
5. Medical treatment consistent with long term, residual, or
permanent damage resulting from ingestion or ...