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Harris v. Valencia

United States District Court, E.D. California

September 3, 2019

TEVIN LEE HARRIS, Plaintiff,
v.
R. VALENCIA, et al., Defendants.

          ORDER SEVERING AND TRANSFERRING CLAIMS FOR LACK OF VENUE, AND DISMISSING REMAINING CLAIM FOR FAILURE TO STATE A COGNIZABLE CLAIM FOR RELIEF [ECF NO. 12]

          LAWRENCE J. O'NEILL UNITED STATES CHIEF DISTRICT JUDGE

         Plaintiff Tevin Lee Harris 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 Plaintiffs second amended complaint, filed August 14, 2019.

         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 "fails to state a claim on which relief may be granted," or that "seeks 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)). Plaintiff must demonstrate that each named defendant personally participated in the deprivation of his rights. Iqbal, 556 U.S. at 676-677; Simmons v. Navajo County, Ariz., 609 F.3d 1011, 1020-1021 (9th Cir. 2010).

         Prisoners proceeding pro se in civil rights actions are still entitled to have their pleadings liberally construed and to have any doubt resolved in their favor, but the pleading standard is now higher, Wilhelm v. Rotman, 680 F.3d 1113, 1121 (9th Cir. 2012) (citations omitted), and to survive screening, Plaintiffs 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. Ashcroft v. Iqbal, 556 U.S. at 678-79; Moss v. U.S. Secret Serv, 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. Ashcroft v. Iqbal, 556 U.S. at 678; Moss v. U.S. Secret Serv, 572 F.3d at 969.

         II.

         COMPLAINT ALLEGATIONS

         Plaintiff was forced to be housed in hazardous and inhumane conditions from February to August 2018. During this time, Plaintiff showed signs of mental illness, psychosis, and depression. Due to, but not limited to, the constant cell and tier fires, smoke inhalation, unprotected contact with other inmate's feces and blood, urinated toilet water, flooding, and contamination, Plaintiffs mental health began to deteriorate.

         Plaintiff Appeal Log No. SAC-HC-18000779, dated February 4, 2018, demonstrates that he notified officials of his concerns regarding his mental health treatment and living conditions. Plaintiff further contends that Appeal Log No. SAC-P-18-01227, dated March 21, 2018, provides Plaintiff notified officials about the inhumane housing conditions and excessive force. Plaintiff contends that Appeal Log No. SAC-P-18-01644 proves he notified officials had knowledge of his concerns and failed to intervene. Plaintiff contends Appeal Log No. SAC-P-18-01409 also expressed concern regarding the conditions. Plaintiffs Appeal Log No. SAC-P-18-02793 proves that the Defendants were made aware of Plaintiff s pain and suffering, deterioration of his mental health, emotional distress, request for professional help, and request for mental and medical treatment. Appeal Log No. SAC-HC-18001062 provided notice regarding Plaintiffs medical and mental health treatment needs. Plaintiffs Health Care Services Request Form No. 6246670 was known to Defendants as it was attached to Appeal Log No. SAC-HC-18001062, in which Plaintiff described dysfunctional and suicidal behavior. Lastly, Appeal Log No. COR-HC-1900270 proves Plaintiffs claims against Defendants Kristin Kyle and Sergeant Burnes.

         Plaintiff seeks monetary damages ...


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