United States District Court, C.D. California
ORDER DISMISSING SECOND AMENDED COMPLAINT WITH LEAVE
KENLY KIYA KATO, United States Magistrate Judge
Jack Robert Smith (“Plaintiff”), proceeding
pro se, has filed a Second Amended Complaints
(“SAC”) pursuant to 42 U.S.C. § 1983
(“Section 1983”) against defendants Jesse
Henderson and Mercy Poulson (“Defendants”). In
the SAC, Plaintiff raises claims against Defendants in their
individual capacity for violations of his Fifth,
Eighth, and Fourteenth Amendment rights. For the
reasons discussed below, the Court dismisses the SAC with
leave to amend.
4, 2017, Plaintiff constructively filed a pro se
civil rights complaint alleging staff employed by Patton
State Hospital violated his First, Fifth, Eighth, and
Fourteenth Amendment rights and committed other state law
violations. ECF Docket No. (“Dkt.”) 1 at 5.
Plaintiff's claims were based on allegations of
“physical abuse [and] ongoing mental abuse & is
about [Plaintiff] being illegally detained [at Patton State
Hospital].” Id. at 7.
20, 2017, the Court dismissed Plaintiff's Complaint with
leave to amend for failure to state a claim. Dkt. 8.
24, 2017, Plaintiff filed a First Amended Complaint against
defendants Harry Oreol, Jesse Henderson, Jyotila Singh, Jian
Zhang, Murad Wadsworth, Gabriel Prempeh, and Chelsea Lucas
for intentionally, maliciously, and recklessly violating his
First, Fifth, Eighth, and Fourteenth Amendment rights. Dkt.
10, FAC at 3-5. Plaintiff's claims were based on various
allegations of forced medication, deliberate indifference,
false reports, and excessive force. See FAC.
10, 2017, the Court dismissed Plaintiff's FAC with leave
to amend for failure to state a claim. Dkt. 11.
17, 2017, Plaintiff constructively filed the instant SAC
against Defendants in their individual capacity. Dkt. 12,
IN THE SAC
who is in the custody of Patton State Hospital, appears to
allege (1) an excessive force claim against defendant
Henderson; and (2) a due ...