United States District Court, N.D. California
DERRICK J. SIMS, Plaintiff,
RALPH DIAZ, et al., Defendants.
ORDER OF DISMISSAL WITH LEAVE TO AMEND AND DENYING
PRELIMINARY INJUNCTION RE: DKT. NOS. 1, 2
ILLSTON, UNITED STATES DISTRICT JUDGE
J. Sims filed this pro se prisoner's civil
rights action under 42 U.S.C. § 1983 concerning
conditions at Pelican Bay State Prison. His complaint is now
before the Court for review under 28 U.S.C. § 1915A.
Sims' motion for a preliminary injunction also is before
the court for review.
action concerns events and omissions that allegedly occurred
while Sims was housed in Pelican Bay's Restricted Custody
General Population (RCGP) for “alleged safety
concerns.” Docket No. 1 at 8. The RCGP is described on
the website of the California Department of Corrections and
Rehabilitation (CDCR) as “a 96-bed unit designed as a
transitional program for inmates who are recently released
from the SHU to GP that have custodial/security/safety
complaint alleges the following:
fourteen years in solitary confinement, Sims was moved to the
RCGP on March 24, 2016. The CDCR's Department Review
Board (DRB) determined that Sims would be housed in the RCGP
due to safety concerns expressed by multiple confidential
informants and sources deemed reliable by the CDCR. Docket
No. 1 at 8.
controls whether an inmate in the RCGP will be released from
the RCGP. From 2016 through 2018, “ICC members were not
referring anyone to DRB for consideration of release.”
Id. at 8. In the RCGP, inmates are far from family
members and receive few visits because visiting days are on
weekdays rather than on weekends. There are no vocational
training jobs and there is limited yard programming in the
RCGP. Id. at 8-9.
being retained in the RCGP “with his CDCR documented
known non-confidential and confidential enemies, ” some
of whom are informants against him. Id. at 9. This
shows a “blatant [r]eckless disregard” for his
several occasions in 2016 and 2017, prison officials received
information that Sims was targeted for assault by other
inmates. Id. at 9-10, 11-12. Information that Sims
was targeted for assault was disclosed to Sims in 2017 and
later. One such disclosure was a July 10, 2017 confidential
memorandum that was disclosed to Sims on February 1, 2019 by
CCII Durham. Id. at 10.
was attacked on three occasions in the RCGP. The first attack
occurred on July 18, 2017, when Sims was assaulted by another
inmate and sustained multiple puncture wounds and permanent
nerve damage to his right thumb. Id. at 10.
second attack occurred on August 6, 2017, when there was a
“botched attempted stabbing assault that turned into a
m[e]lee” involving Sims and other inmates in which Sims
was the intended target. Id. The inmates were then
handcuffed. As handcuffed inmates were being picked up from
the ground where they had laid prone, Sims “kicked
another inmate in the face.” Id. Three to six
seconds after Sims kicked the inmate, correctional officer
(C/O) McDonald took Sims to the ground face first, rammed his
knee into Sims' back and applied pressure until both of
Sims' shoulders touched the ground - all while Sims was
not resisting. Id. C/O McDonald's actions caused
severe pain and impeded Sims' breathing. Id.
Correctional sergeant Silva asked for Sim's prisoner
identification card. C/O McDonald retrieved Sims' prison
identification card from Sims' sock and gave it to Silva;
at the same time, McDonald took and did not return to Sims or
log into evidence the address books that were also in
Sims' sock. Id. at 11. Sims later asked for the
address books to be returned and McDonald said he did not
have them. Id. Sims calls McDonald's actions
third attack occurred on August 26, 2018, when two inmates
assaulted Sims from behind. During the attack, C/O Hamner
shot Sims twice with the 40-mm gun. Id. at 12. Sims
suffered multiple injuries, puncture wounds, and two wounds
from the 40-mm gun. (The medical report for this date states
that Sims refused medical treatment and was cleared for
return to administrative segregation within a half-hour.
Docket No. 1-5 at 9.) Several months later, on January 28,
2019, CCII Durham wrote a “partially falsified”
chrono about the attack. Docket No. 1 at 12.
has seen “Gladiator” style fights at RCGP that
are being set up by prison administrators. Id. at 8.
Various inmates fought with each other at RCGP. Id.
Review of Complaint
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