United States District Court, N.D. California
MATTHEW R. PEREZ, Plaintiff,
E. MOORE, et al., Defendants.
ORDER OF DISMISSAL WITH LEAVE TO AMEND RE: DKT. NO.
ILLSTON UNITED STATES DISTRICT JUDGE
pro se prisoner's civil rights action under 42
U.S.C. § 1983, Matthew Perez claims that he was
subjected to an unreasonable search of his body by the
defendants in violation of his Fourth Amendment rights.
Defendant Dr. Bass moves to dismiss the complaint with
respect to his alleged involvement in the search of Perez.
For the reasons below, the court will dismiss Perez's
claims against Dr. Bass and grant leave to file an amended
complaint alleges the following:
31, 2016, Matthew Perez was suspected of having obtained
contraband from his girlfriend through a contact visit at
Salinas Valley State Prison. After being placed on contraband
watch for two days, Perez collapsed in the shower on the
morning of August 2, 2019, allegedly because of the
conditions of his contraband watch. Perez was taken to the
correctional treatment center where he was given a shot of
Narcan for a drug overdose, though Perez stated that his
symptoms were not a result of an overdose. Perez was then
transferred by ambulance to Natividad Medical Center,
treated, and returned to Salinas Valley the next day.
August 5, 2019, Perez refused investigative service unit
(ISU) Lt. Moore's request to submit to x-rays at the
correctional treatment center. Lt. Moore then told Perez that
a search warrant would be obtained. At about 5:12 p.m. the
same day, Perez was taken to Natividad Medical Center.
Natividad for the second time, Perez was dragged by ISU
Officers Peffley and Salgado into the emergency room and
strapped to a gurney by the ISU Officers under the
supervision of Lt. Moore. X-rays and CT-scans were then
performed against Perez's wishes and sent to Dr. Jeffrey
Bass for review. Docket No. 1 at 17-18.
ten minutes later, Nurse Clement attempted to give Perez an
IV in his arm. The needle stick was painful, and it took her
3-4 attempts to succeed. Nurse Clement appeared to be
indifferent to Perez's pain throughout the procedure,
stating that she had heard Perez had “done a lot worse
to [himself].” Docket No. 1 at 18.
twenty-five minutes later, Dr. Bass talked to Lt. Moore and
said that in the x-rays he saw “‘five foreign
bodies' in the plaintiff's ‘anal cavity'
that were ‘unobstructed' and ‘would be able
to come out on  their own.'” Docket No. 1 at
19:1-8. Dr. Bass refused the request of Lt. Moore to
physically remove the objects due to medical risks, even
though Lt. Moore said he had a search warrant that authorized
the removal of the foreign bodies. Before he left, Dr. Bass
prescribed a laxative to “let nature take its
course” and the objects would “come out
naturally.” Id. at 20.
fifteen minutes later, Nurse Clement entered the room with
large containers of laxatives and began pouring the liquid
into Perez's mouth, telling him he needed to continue
drinking the laxative, cup by cup, until all the dose was
gone. When he said he was not ready for more after the first
cup, the nurse left and returned a few minutes later to
administer another cup; this process was repeated at least
seven times in ten minutes. Eventually, Perez said he could
drink no more without throwing up. When the nurse left, the
sleep-deprived Perez tried to close his eyes, but ISU Officer
Peffley yelled at him to keep him awake.
Clement returned to see what the noise was about and gave the
laxative to ISU Officer Peffley to administer to Perez. ISU
Officer Peffley then “began forcibly pouring the
laxative into the plaintiff's mouth until the plaintiff
began coughing and choking on the liquid.” Peffley did
this 6-7 times. Docket No. 1 at 22.
early morning hours of August 6, 2019, Lt. Moore advised his
officers that the hospital was not going to admit Perez
overnight and that he would need to be taken back to Salinas
Valley. Lt. Moore also learned, however, that the chief
medical officer at Salinas Valley would not allow Perez back
to the prison in his current condition. Lt. Moore then spoke
with Nurse Clement.
speaking with Lt. Moore, Nurse Clement came into Perez's
room and told Perez that she would administer enemas to him.
Perez protested and requested to call the doctor, but Nurse
Clement refused. ISU Officers Salgado and Peffley then
grabbed Perez, pulled off his clothes, and bent him over the
table while Nurse Clement administered enemas without
lubrication. This tore Perez's anus and caused it to
bleed. The enemas and subsequent bowel movements were
performed in front of a room full of officers, some ...