United States District Court, N.D. California
ORDER OF SERVICE
HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE.
an inmate at Pelican Bay State Prison, filed this pro
se civil rights action pursuant to 42 U.S.C. § 1983
regarding events that took place at Salinas Valley State
Prison (“SVSP”). His amended complaint (Dkt. No.
15) is now before the Court for review under 28 U.S.C. §
Standard of Review
federal court must engage in a preliminary screening of any
case in which a prisoner seeks redress from a governmental
entity, or from an officer or an employee of a governmental
entity. 28 U.S.C. § 1915A(a). In its review, the Court
must identify any cognizable claims, and dismiss any claims
which are frivolous, malicious, fail to state a claim upon
which relief may be granted, or seek monetary relief from a
defendant who is immune from such relief. See 28
U.S.C. § 1915A(b) (1), (2). Pro se pleadings
must be liberally construed. Balistreri v. Pacifica
Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
Rule of Civil Procedure 8(a)(2) requires only “a short
and plain statement of the claim showing that the pleader is
entitled to relief.” Fed.R.Civ.P. 8(a)(2).
“Specific facts are not necessary; the statement need
only ‘give the defendant fair notice of what the . . .
. claim is and the grounds upon which it rests.'”
Erickson v. Pardus, 551 U.S. 89, 93 (2007)
(citations omitted). “[A] plaintiff's obligation to
provide the ‘grounds' of his ‘entitle[ment]
to relief' requires more than labels and conclusions, and
a formulaic recitation of the elements of a cause of action
will not do. . . . Factual allegations must be enough to
raise a right to relief above the speculative level.”
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007) (citations omitted). A complaint must proffer
“enough facts to state a claim to relief that is
plausible on its face.” Id. at 570.
state a claim under 42 U.S.C. § 1983, a plaintiff must
allege two elements: (1) that a right secured by the
Constitution or laws of the United States was violated; and
(2) that the violation was committed by a person acting under
the color of state law. West v. Atkins, 487 U.S. 42,
complaint makes the following allegations.
is a chronic-care patient in that he suffers from chronic
lower back pain and has a diagnosed disc disease and left
side nerve damage. Per his chrono, he is entitled to special
cuffing. Plaintiff has also been diagnosed with
claustrophobia. ECF No. 15 at 3, 8-10, 18.
April 2, 2017, while incarcerated at SVSP, Plaintiff suffered
injuries from being attacked and beaten. Plaintiff was
handcuffed by defendant Officer Mariscal behind the back
despite his special cuffing chrono, exacerbating
Plaintiff's pain. Plaintiff requested medical attention.
Plaintiff was forcefully snatched off the floor, causing him
excruciating pain, and he was made to walk to medical despite
severe cramping in his legs. Approximately thirty to forty
yards from medical, Plaintiff's back spasmed and he fell
to the floor and fainted. Plaintiff was carried into
B-Facility Medical where LVN Singsong was. Plaintiff alleges
that defendant LVN Singsong was negligent and deliberately
indifferent to Plaintiff's medical needs because
defendant Singsong failed to respond to the
“all-code-calls alarms” and did not rush to
provide immediate medical attention. When Plaintiff regained
consciousness, he was surrounded by Defendant Singsong,
Defendant Mariscal and defendant Officer Ponce. Someone
yelled that Plaintiff was faking and threw Plaintiff into a
wheelchair. Plaintiff begged for medical assistance but
instead he was restrained in the wheelchair and taken to a
holding cage in the B-Facility gym. Plaintiff was ordered to
enter the cage, even though he was suffering from
overwhelmingly painful back spasms and leg cramps and even
though he suffered from claustrophobia. Defendant Officer
Hogeland ordered Defendant Singsong to leave the gym.
Defendant Hogeland snatched Plaintiff from the wheelchair and
proceeded to beat, pummel and kick Plaintiff. Plaintiff
passed out from the beating. Plaintiff was then transferred
to CTC Medical for emergency treatment. Defendants Singsong,
Ponce, Mariscal, and Hogeland falsified statements regarding
the beating suffered by Plaintiff in the gym. Plaintiff
further alleges that Defendants were required to step in and
stop the use of excessive or unnecessary force, verbally
report such use of force, and then document such use of
force. Dkt. No. 15 at 4-6.