United States District Court, E.D. California
F. BRENNAN UNITED STATES MAGISTRATE JUDGE.
is a state prisoner proceeding pro se and in forma pauperis
in an action brought under 42 U.S.C. § 1983. He alleges
violations of his rights under the First and Eighth
Amendments. The crux of plaintiff's complaint is that
defendants were deliberately indifferent to his mental health
needs, which included an attempted suicide. Plaintiff also
generally alleges that defendants retaliated against him for
filing an appeal about their alleged indifference.
motions are pending: (1) defendants' motion to compel;
(2) defendants' motion for an order declaring plaintiff a
vexatious litigant and requiring him to post security
(“motion to post security”); (3) defendants'
motion to stay further proceedings pending resolution of
their motion to post security (“motion to stay”);
and (4) plaintiff's motion for summary judgment and/or
partial judgment (“motion for summary judgment”).
reasons that follow, defendants' motion to compel is
granted in part and denied in part. Additionally, ruling on
defendants' motion to post security and plaintiff's
motion for summary judgment are deferred, and defendants'
motion to stay is denied as moot.
January 20, 2015, at about 8:00 a.m., plaintiff was housed in
the mental health seclusion unit (“MHSU”) of
California State Prison, Sacramento (“SAC”). ECF
No. 1 at 5. According to plaintiff, he told defendant Smith,
a correctional officer, that he was suicidal, hearing voices,
and had overdosed on ten pills. Officer Smith told him to
“fuck yourself and die bitch.” Id.
Officer Smith returned about ten minutes later and observed
plaintiff swallow about thirty pills. Id. Thereupon,
Officer Smith said “Yes, motherfucker, I don't like
you” and asked plaintiff “What kind of pills was
that?” Plaintiff, who was crying, said that he was
suicidal. Id. Officer Smith laughed at him and
called him “a piece of shit.” Id.
five minutes later, “licensed psyche technician
Reed” saw plaintiff taking “[twenty] plus
pills.” Id. She convinced correctional
officers to remove him from the MHSU for “suicidal
prevention evaluation.” Id.
plaintiff was “housed in the unit rotunda holding cage,
” where he started to vomit. Id. About two
hours later, defendant McCarthy, a licensed clinical social
worker, saw plaintiff. Id.; see also ECF
No. 34-4 ¶ 1. McCarthy knew of and was very familiar
with plaintiff's metal illness. ECF No. 1 at 5. Yet he
refused to send him to a “suicide watch crisis
bed” because he (1) was an “indecent exposure
with masturbation inmate” and (2) “continue[d] to
disrespect officers.” Id. McCarthy added that
he could not care less if plaintiff killed himself.
Id. Plaintiff responded that he was “still
suicidal and deeply/highly depressed.” Id. But
McCarthy stated, “So what[?] That's your problem[,
] not mine.” Id.
Smith sent plaintiff-who continued to vomit-back to his cell.
Id. at 6. Officer Smith called him a snitch because
of Reed's intervention. Id. In his cell, he was
collapsing and vomiting, and he eventually started
was immediately taken to “medical.” Id.
There, defendant Halloran, a staff psychiatrist, saw him.
Id. Dr. Halloran knew of his “deteriorating
conditions of hearing voices and depression plus delusional
actions.” Id. Furthermore, he knew that
McCarthy refused to send him to suicide watch. Additionally,
nurses told Dr. Halloran that plaintiff was stating that he
was still suicidal. Id. However, Dr. Halloran said
that plaintiff would live and ordered him taken back into
July 2014 onward, plaintiff complained about his mental
health problems to the following defendants: (1) Dr.
Halloran, id. at 7; (2) E. Johnson, who is a
clinical psychologist, id. at 7; ECF No. 34-6 ¶
1; (4) R. Pleshcuk, whose title is Senior Psychological
Specialist, ECF No. 1 at 7; ECF No. 34-7 ¶ 1; and (4) S.
Chaiken, whose title is Chief Psychologist, ECF No. 1 at 7;
ECF No. 34-8 ¶ 1. Specifically, plaintiff complained
that he was having flashbacks about being assaulted by
correctional officers on multiple occasions and feared for
his safety because inmates stabbed him in several body parts
after officers falsely accused him of pedophilia. ECF No. 1
at 7. He sought help from all four “but was
November 2014 to February 2015, plaintiff tried to kill
himself by overdosing and hanging himself. Id. His
failed suicide attempts caused him stomach pain, back pain,
and vomiting. Id. Also, he had “numerous panic
attacks” and was “slowly deteriorating.”
Id. “For months on and off, ” he was
deeply depressed and having “suicidal/homicidal
ideations.” Id. On more than three occasions,
he told each of these four defendants about his problems.
Furthermore, he “repeatedly asked for a higher level of
care but was denied by Pleshcuk and Johnson.”
Id. Additionally, he “made it clear to
Halloran and Johnson” that he suffered from a mental
illness that he could not control. Id.
must be mentally ill. Id. at 8. He has been
involuntarily medicated since April 2011. Further, he has had
“racing thoughts of killing correctional officers and
committing rape again.” Id. Plaintiff has been
charged with several sex crimes and has been written up for
masturbation more than twenty-four times. Yet defendants
denied plaintiff a higher level of care and told him that he
“would have to re-offend to get treatment.”
Id. Consequently, plaintiff is hearing voices more
often and cannot function. Id. Also, he has
committed more violent and sexual acts and tried to kill
himself over eight times. Id. Defendants are lying
about meeting his mental health needs. Id. Instead
of providing “core groups, ” id. at 7-8,
they have him “watch regular movies and play games,
” id. at 8.
March 20, 2015, plaintiff was in the MHSU. Id. at 4.
Defendant Spangler, who is a correctional sergeant,
interviewed him about his “602 institutional grievance
in regards to [his] 1-20-2015 overdose complaint against
Officer B. Smith.” Id.; see also ECF
No. 34-2 ¶ 1. Plaintiff told her about his
“issues” and that he had filed a missing
“602-A form” in which he requested monetary
relief. ECF No. 1 at 4. About two or three hours later,
Sergeant Spangler and Officer Smith came to his cell.
Id. They “terrorized” him, took items
from his cell, and “put the word snitch” on his
handwritten legal documents. Id. Furthermore,
Sergeant Spangler falsified a report stating that there is no