United States District Court, E.D. California
SCREENING ORDER GRANTING PLAINTIFF LEAVE TO FILE AN
AMENDED COMPLAINT [ECF NO. 1]
Reginald Johnson is appearing pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983.
before the Court is Plaintiff's complaint, filed July 17,
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).
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.
allegations in the complaint deal with conditions at
California Substance Abuse and Treatment Facility and State
Prison, Corcoran (“SATF”) Plaintiff names Stuart
Sherman (Warden at SATF), Richard Milan (Supervisor of
Building Trades at SATF), and J. Collins (Associate Warden
for Business Services at SATF), as Defendants.
was originally constructed approximately 20 years ago. On
information and belief, SATF has not undergone any
rehabilitation, modification or significant repair since
consists of seven separate yards, each having a design
capacity of approximately 500 inmates. Plaintiff is housed at
a level two Special Needs Yard (SNY), and there are three
separate housing buildings on F-Yard. In addition, each
F-Yard contains a separate kitchen and dining facility.
December 27, 2018, Plaintiff found a foreign object in his
food tray, and previously had contaminated water fall from
the ceiling into his food tray and on his head. Plaintiff
informed the officer working the dining hall that the foreign
object was in his tray.
is an area that is prone to suffer earthquakes and is an area
that receives rain.
has been informed, believes and thereon alleges that SATF is
built with the use of defective material or methods of
construction, and any and all repairs are made with the use
of substandard materials and/or substandard methods of
construction, resulting in ineffective repairs.
Sherman, Collins and Milan have a statutory and
constitutional duty to protect Plaintiff from risk of injury,
while he is in the facility F dining hall caused by: (1)
suspended ceiling tiles system, or parts thereof, falling
onto Plaintiff; (2) electrocution; (3) consumption of
contaminated food and drinks; and (4) exposure to mold.
Defendants have consciously neglected the physical plant at
the rainy season, there is continuous flooding in the dining
facility, the visiting facility, the educational facility,
the housing unit common areas and the cells themselves.
Inmates often awake to the sound of rain actually coming into
the cells. Many of the ceiling tiles in the dining facility,
each of which is ...