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Peralta v. Fresno County Police Officers

United States District Court, E.D. California

July 11, 2017

MICHAEL PERALTA, Plaintiff,
v.
FRESNO COUNTY POLICE OFFICERS, et al., Defendants.

          ORDER DISMISSING FIRST AMENDED COMPLAINT WITH LEAVE TO AMEND FOR FAILURE TO STATE A CLAIM (ECF NO. 18)

         Plaintiff Michael Peralta, a state prisoner, is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff's first amended complaint, filed on June 22, 2017.

         I.

         SCREENING REQUIREMENT

         The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious, ” that “fail[] to state a claim on which relief may be granted, ” or that “seek[] monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B).

         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). 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 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Moreover, Plaintiff must demonstrate that each defendant personally participated in the deprivation of Plaintiff's rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002).

         Prisoners proceeding pro se in civil rights actions are entitled to have their pleadings liberally construed and to have any doubt resolved in their favor. Wilhelm v. Rotman, 680 F.3d 1113, 1121 (9th Cir. 2012) (citations omitted). To survive screening, Plaintiff's claims must be facially plausible, which requires sufficient factual detail to allow the Court to reasonably infer that each named defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The “sheer possibility that a defendant has acted unlawfully” is not sufficient, and “facts that are ‘merely consistent with' a defendant's liability” falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678; Moss, 572 F.3d at 969.

         II.

         COMPLAINT ALLEGATIONS

         Plaintiff was arrested and confined in the Fresno County Jail on May 2, 2015. (First Am. Compl. (FAC) 4, ECF No. 18.) Corizon Medical filed a medication verification form and Licensed Vocational Nurse M. Zakharoua signed the form and it was faxed to the pharmacy at WalMart. (FAC 4.) On May 3, 2015, WalMart sent Plaintiff's medication to the Fresno County Jail. (FAC 4.) Plaintiff attempted to receive his medication and was refused. (FAC 4.) On May 4, 2015, Plaintiff had a massive heart attack and was taken to Fresno Regional Medical Center by ambulance. (FAC 4.) Plaintiff had complained of chest pain and requested his heart medication for 48 hours since his arrest on May 2, 2015. (FAC 4-5.)

         On May 4, 2015, after suffering his heart attack, Dr. Khoi M. Le performed several heart procedures on Plaintiff. (FAC 5.) Plaintiff was found to have congestive heart failure. (FAC 5.)

         On May 10, 2015, Plaintiff was discharged from the hospital, and Dr. Jaini completed a discharge summary and ordered a list of medications to be given to Plaintiff daily. (FAC 5.) Upon his arrival back to the Fresno County Jail, Plaintiff requested medication and it was refused. (FAC 7.) On May 11, 2015, Plaintiff began filing health form requests and has been refused his medication. (FAC 7.) Plaintiff was rushed to Corizon Medical on May 11, 2015, complaining of chest pain and light headedness. (FAC 7.) Plaintiff was provided with medication and stabilized. (FAC 7.)

         While Plaintiff was stabilized in the Fresno County infirmary he began submitting health request forms seeking medical help. (FAC 7.) From May 11, 2015, to August 29, 2015, Plaintiff filed 16 health forms. (FAC 7.) Plaintiff's medical requests went unanswered until Registered Nurse Yoselly signed all medical requests on May 19, 2015. (FAC 8.)

         After being in the Fresno County infirmary for 30 days, Plaintiff was interviewed by Sergeant Moreno on his health condition. (FAC 8.) Sgt. Moreno confirmed that Plaintiff had two heart attacks due to not receiving his medication for ...


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