United States District Court, E.D. California
FINDINGS
AND RECOMMENDATIONS, RECOMMENDING THAT THIS ACTION PROCEED ON
PLAINTIFF'S EXCESSIVE FORCE CLAIMS AGAINST THE EIGHT DOE
DEFENDANTS THAT ALLEGEDLY ATTACKED HIM ON JANUARY 31, 2018,
AND DEFENDANT RAMIREZ, AND THAT ALL OTHER CLAIMS AND
DEFENDANTS BE DISMISSED (ECF NO. 16)
Peter
Burchett (“Plaintiff”) is a state prisoner
proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. §
1983. Plaintiff filed the complaint commencing this action on
October 16, 2018. (ECF No. 1).
The
Court screened Plaintiff's First Amended Complaint on
September 25, 2019, and gave Plaintiff options as to how to
move forward. (ECF No. 49). On November 12, 2019, Plaintiff
filed his response to the Court's screening order. (ECF
No. 52). Plaintiff states that he wants to stand on his
complaint. (Id.).[1]
Accordingly,
the Court issues these findings and recommendations to the
district judge consistent with the screening order.
For the
reasons described below, the Court finds that Plaintiff has
stated cognizable excessive force claims against the eight
unidentified Defendants that allegedly attacked him on
January 31, 2018, and defendant Ramirez. The Court also finds
that Plaintiff failed to state any other cognizable claims.
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 fail to state a claim upon which
relief may be granted, or that seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. §
1915A(b)(1), (2). As Plaintiff is proceeding in forma
pauperis (ECF No. 12), the Court may also screen the
complaint under 28 U.S.C. § 1915. “Notwithstanding
any filing fee, or any portion thereof, that may have been
paid, the court shall dismiss the case at any time if the
court determines that the action or appeal fails to state a
claim upon which relief may be granted.” 28 U.S.C.
§ 1915(e)(2)(B)(ii).
A
complaint is required to 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 set forth “sufficient factual
matter, accepted as true, to ‘state a claim to relief
that is plausible on its face.'” Id.
(quoting Twombly, 550 U.S. at 570). The mere
possibility of misconduct falls short of meeting this
plausibility standard. Id. at 679. While a
plaintiff's allegations are taken as true, courts
“are not required to indulge unwarranted
inferences.” Doe I v. Wal-Mart Stores, Inc.,
572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks
and citation omitted). Additionally, a plaintiff's legal
conclusions are not accepted as true. Iqbal, 556
U.S. at 678.
Pleadings
of pro se plaintiffs “must be held to less
stringent standards than formal pleadings drafted by
lawyers.” Hebbe v. Pliler, 627 F.3d 338, 342
(9th Cir. 2010) (holding that pro se complaints
should continue to be liberally construed after
Iqbal).
II.
SUMMARY OF PLAINTIFF'S COMPLAINT[2]
Plaintiff
was confined at California Correctional Institution when the
events alleged in the complaint took place.
Plaintiff
alleges that on January 31, 2018, at least eight peace
officers[3] attacked him and sprayed him with pepper
spray for no reason but physical torture. Plaintiff was
laying down and followed the officers' instructions, and
other inmates witnessed him following instructions.
The
attack began on the B Yard Clinic Area during Second Watch,
while Plaintiff lay still. The attack ended two buildings
away at the Administrative Segregation Unit. Plaintiff was
dragged, ...