Opinion
3:24-CV-5034-KKE-DWC
03-12-2024
RYAN SCOTT ADAMS, Plaintiff, v. BRUCE LANUM, et al., Defendants.
ORDER DECLINING TO SERVE AMENDED COMPLAINT
David W. Christel United States Magistrate Judge
Plaintiff Ryan S. Adams, proceeding pro se and in forma pauperis, filed this civil rights action under 42 U.S.C. § 1983. Having reviewed and screened Plaintiff's Amended Complaint under 28 U.S.C. §1915A, the Court declines to serve the Amended Complaint but provides Plaintiff leave to file a second amended complaint by April 11, 2024, to cure the deficiencies identified herein.
I. Background
In his Amended Complaint, Plaintiff brings two claims arising out of his detention at Washington Corrections Center (“WCC”). Dkt. 9. In Count I, Plaintiff alleges a violation of the Eighth Amendment to the United States Constitution based on the medical treatment he received for his injured hand from Defendants Bruce Lanum and Adam Clarino. Id. at 12-19. In Count II, Plaintiff alleges a violation of the Fourteenth Amendment's Due Process Clause based on the mishandling of his administrative grievances by Defendant Tony Donnington. Id. at 20-24. On both counts, Plaintiff seeks monetary damages and injunctive relief in the form of “policy enforcement.” Id. at 25.
II. Legal Standard
Under the Prison Litigation Reform Act of 1995, 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 the complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id. at (b); 28 U.S.C. § 1915(e)(2); see Barren v. Harrington, 152 F.3d 1193 (9th Cir. 1998).
The Court is required to liberally construe pro se documents, Estelle v. Gamble, 429 U.S. 97, 106 (1976). Even so, pro se pleadings must satisfy minimum requirements for stating a claim and must comply with procedural requirements. First, the pleadings must raise the right to relief beyond the speculative level and must provide “more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citing Papasan v. Allain, 478 U.S. 265, 286 (1986)). Next, Federal Rule of Civil Procedure 8 requires a complaint to contain “a short and plain statement of the claim showing the pleader is entitled to relief,” and “[e]ach averment of a pleading shall be simple, concise, and direct.” Fed.R.Civ.P. 8(a)(e). Finally, unrelated claims against different defendants must be pursued in separate lawsuits.
The controlling principle appears in Fed.R.Civ.P. 18(a): ‘A party asserting a claim ... may join, [ ] as independent or as alternate claims, as many claims ... as the party has against an opposing party.' Thus, multiple claims against a single party are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B against Defendant 2. Unrelated claims against different defendants belong in different suits, not only to prevent the sort of morass [a multiple claim, multiple defendant] suit produce[s], but also to ensure that prisoners pay the required filing fees-for the Prison Litigation Reform Act limits to three the number of frivolous suits or appeals that any prisoner may file without prepayment of the required fees.George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (citing 28 U.S.C. § 1915(g)) (emphasis added).
III. Discussion
Upon review, the Amended Complaint contains several deficiencies that make ordering service upon Defendants inappropriate at this time.
Excess Pages, Exhibits, and Legal Arguments. Plaintiff filed a 43-page Amended Complaint (Dkt. 9) with an additional 143 pages of exhibits (Dkts. 9-1, 9-2, 9-3). Rather than providing a short and plain statement of the factual circumstances giving rise to his claims, Plaintiff relies heavily on references to exhibits and unrelated state-court cases to explain his case. See Dkt. 8 at 12 (“Plaintiff should not attach exhibits to the amended complaint and any exhibit will not be considered as part of the amended complaint.”) (emphasis added).
Plaintiff also devotes a significant portion of his pleadings to listing legal authority and making legal arguments. Dkt. 9 at 27-39. This is not the purpose of an initial pleading before he may have an opportunity to make legal arguments in support of his claims, Plaintiff must first write a short, plain statement telling the Court: (1) the constitutional right he believes was violated; (2) the name of the person who violated the right; (3) exactly what the individual did or failed to do; (4) how the action or inaction of the individual is connected to the violation of Plaintiff's constitutional rights; and (5) what specific injury Plaintiff suffered because of the individual's conduct. See Rizzo v. Goode, 423 U.S. 362, 371-72 (1976). Because the Court cannot glean what claims for relief may be hidden in Plaintiff's narration and excessive exhibits and because it is “[P]laintiff's responsibility to make each claim clear and provide only a short statement of facts supporting [each] claim,” Henderson v. Scott, 2005 WL 1335220, *1 (E.D. Cal. May 4, 2005), the Amended Complaint is deficient and will not be served.
Uncured Deficiencies. Next, the Amended Complaint includes uncured deficiencies identified in the Court's prior screening. Most significantly, it is difficult to discern what actions individual defendants took which Plaintiff alleges violated his constitutional rights.
For Defendants Lanum and Clarino, Plaintiff has not clearly shown how either defendant violated his constitutional rights through deliberate indifference to a serious medical need. Instead, Plaintiff alleges both defendants acted negligently and lists reasons why he disagrees with the medical treatment they provided. See generally Dkt. 9 at 12-19. But “[a] showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment,” Dkt. 8 at 7 (citing Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004)), and “[a] difference of opinion between prisoner-patient and prison medical authorities regarding treatment does not give rise to a § 1983 claim,” Franklin v. State of Or., State Welfare Div., 662 F.2d 1337, 1344 (9th Cir. 1981). If Plaintiff wishes to pursue a deliberate indifference claim Defendants Lanum and Clarino he “must explain in a short, plain statement exactly what each defendant knew, what they did or failed to do, and how their actions amounted to deliberate indifference to his serious medical need.” Dkt. 8 at 9.
As for Defendant Donnington, Plaintiff claims he was unfair and did not comply with prison policies when handling administrative grievances. See generally Dkt. 9 at 20-24. However, Plaintiff fails to address how this conduct amounts to a constitutional violation. As explained previously, “‘[a]n allegation that a prison official inappropriately denied or failed to adequately respond to a grievance, without more, does not state a claim under § 1983.'” Dkt. 8 at 11 (quoting Evans v. Skolnik, 637 Fed.Appx. 285, 288 (9th Cir. 2015)); see also Backlund v. Barnhart, 778 F.2d 1386, 1390 (9th Cir. 1985) (failure to comply with internal policy or state law does not give rise to a due process claim). Rather, “if Plaintiff wishes to purse this claim he should take care to identify the specific, constitutionally protected interest at stake for each of his mishandled grievances as well as the specific ways in which a defendant personally prevented him from receiving the procedural protections he is entitled to under law.” Dkt. 8 at 12.
Unrelated Claims Against Different Defendants. Finally, to the extent Plaintiff is attempting to raise unrelated claims against different defendants, his Amended Complaint is deficient. Upon review, Plaintiff's deliberate indifference claim against Defendants Lanum and Clarino appears wholly unrelated to his procedural due process claim against Defendant Donnington. The only discernable commonality between these claims is that Plaintiff was incarcerated at WCC when the alleged constitutional violations occurred. Accordingly, if Plaintiff would like to pursue both claims against different defendants, he must either (1) do so in separate suits or (2) plead sufficient facts showing the claims (a) arise out of the same occurrence or series of occurrences and (b) involve a common question of law or fact. See George, 507 F.3d at 607; see also Fed.R.Civ.P. 20(a)(2) (joinder of defendants not permitted unless both commonality and same occurrence requirements are satisfied).
IV. Instructions to Plaintiff
Due to the deficiencies described above, the Court will not serve the Amended Complaint (Dkt. 9). If Plaintiff intends to pursue this § 1983 civil rights action, he must file a second amended complaint and within it, he must write a short, plain statement telling the Court: (1) the constitutional right Plaintiff believes was violated; (2) the name of the person who violated the right; (3) exactly what the individual did or failed to do; (4) how the action or inaction of the individual is connected to the violation of Plaintiff's constitutional rights; and (5) what specific injury Plaintiff suffered because of the individual's conduct. Each claim for relief must be simple, concise, and direct.
Plaintiff shall present the second amended complaint on the form provided by the Court. The second amended complaint must be legibly rewritten or retyped in its entirety, it should contain the same case number, and it may not incorporate any part of the previous complaints or other lawsuits by reference. The amended pleadings will act as a complete substitute for any previously filed complaint, and not as a supplement. The amended pleadings shall not exceed twenty (20) pages absent leave of Court and upon a showing of good cause. Plaintiff should not attach exhibits to the amended pleadings any exhibit will not be considered as part of the pleadings.
The Court will screen the amended pleadings to determine whether it contains factual allegations linking each defendant to the alleged violations of Plaintiff's rights. The Court will not authorize service of the amended complaint on any defendant who is not specifically linked to a violation of Plaintiff's rights. Additionally, Plaintiff should only allege constitutional violations by different defendants if the violation arises from a single occurrence or series of occurrences. For example, Plaintiff may raise allegations of an Eighth Amendment violation arising from the provision of medical treatment by multiple defendants in a single suit. However, if he would like to allege a constitutional violation by a different defendant arising out of a different set of occurrences such as, the processing of administrative grievances he must do so in a separate lawsuit.
Finally, in any amended pleadings, Plaintiff shall refrain from making legal arguments or citing caselaw and, instead, focus on the factual circumstances giving rise to his claims. If Plaintiff fails to file amended pleadings or fails to adequately address the issues raised herein on or before April 11, 2024, the undersigned will recommend dismissal of this action.
The Clerk is directed to send Plaintiff the appropriate forms for filing a 42 U.S.C. § 1983 civil rights complaint and for service. The Clerk is also directed to send copies of this Order, the Court's Prior Screening Order (Dkt. 8), and the Pro Se Instruction Sheet to Plaintiff.
INSTRUCTIONS FOR PRISONERS SEEKING TO FILE A CIVIL RIGHTS COMPLAINT PURSUANT TO 42 U.S.C. § 1983
You must comply with the following instructions before the Clerk will file your Complaint
Local Rule CR 103, Local Rules for the Western District of Washington, requires you to submit your Complaint on the form furnished by the Court (a § 1983 form is attached). The clerk will upload the complaint to the docket and make copies of it for service upon the defendant(s). Plaintiff should keep a copy of the complaint for his or her own records; the clerk will not routinely return a copy of the complaint to plaintiff.
You must submit either the full $405.00 filing fee or a completed in forma pauperis application, including a certified copy of your prisoner account. Carefully read the information sheet for prisoners seeking leave to proceed in forma pauperis (without prepayment of the entire filing fee).
You may bring your Complaint to the United States District Court for the Western District of Washington only if one or more of the named defendants is located within this district, or if your claim arose from this district. If you have more than one claim, you must file a separate complaint for each claim unless they are related to the same incident or issue.
Your Complaint must be legibly handwritten or typed. NOTE: DO NOT WRITE ON THE BACK OF ANY OF THE PAGES OF THE COMPLAINT ; any writing on the back of any page might not be considered by the Court. If you need additional space to answer any question(s), you may attach additional pages.
You are required to state facts in support of each claim. Describe how each named defendant violated your civil rights and when the violation occurred. You must sign the complaint.
You must keep the Clerk of the Court informed of any change of address. If you fail to do so, the Clerk cannot be responsible for your failure to receive Court Orders. This also could result in the dismissal of your suit.
If your claim arose in King, Snohomish, Skagit, Whatcom or Island Counties, mail your completed forms, the originals and all copies to:
Clerk, U.S. District Court
700 Stewart Street, Suite
2310 Seattle WA 98101-1271
If your claim arose in Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Kitsap, Lewis, Mason, Pacific, Pierce, Skamania, Thurston, or Wahkiakum Counties, mail your completed forms, the originals and all copies to:
Clerk, U.S. District Court
1717 Pacific Ave, Room
3100 Tacoma WA 98402
NOTE: If you are housed at a Department of Corrections facility subject to the Prisoner Electronic Filing Initiative pursuant to General Orders 02-15 and 06-16, you may fulfill this mailing requirement by submitting your documents to the appropriate person at your facility who will transmit your documents electronically to the U.S. District Court. Your facility will receive any documents filed in your case electronically on your behalf.
PRISONER CIVIL RIGHTS COMPLAINT
Jury Demand?
[] Yes
[] No
WARNINGS
1. Do not use this form if you are challenging the validity of your criminal conviction or your criminal sentence. If you are challenging your conviction or sentence, or if you are seeking restoration of good-time credits that would shorten your sentence, you must file a Petition for Writ of Habeas Corpus. If you use this form to challenge your conviction or sentence, you risk having your claim dismissed. Separate forms are available for filing a habeas petition.
2. Under the Prison Litigation Reform Act (“PLRA”), you are required to exhaust all remedies in your institution's grievance system that are available to you before filing suit. This generally means that you must file a grievance and, if it is denied, appeal it through all available levels of review. Your case may be dismissed if you fail to exhaust administrative remedies, unless the administrative grievance process was not “available” to you within the meaning of the PLRA. You are not required to plead or show that you have exhausted your claim in this complaint.
3. Please review your complaint carefully before filing. If your case is dismissed, it may affect your ability to file future civil actions while incarcerated without prepaying the full filing fee. Under the PLRA, a prisoner who has had three or more civil actions or appeals dismissed as frivolous, malicious, or for failure to state a claim cannot file a new action without first paying the full filing fee, unless the prisoner is in imminent danger of serious bodily injury.
4. Under Federal Rule of Civil Procedure 5.2, papers filed with the court, including exhibits or attachments to a complaint, may not contain certain information, which must be modified as follows:
Do not include:
Instead, use:
• a full social security number
→ the last four digits
• a full birth date
→the birth year
• the full name of a minor
→ the minor's initials
• a complete financial account number
→ the last four digits
5. You may, but do not need to, send exhibits, affidavits, grievances, witness statements, or any other materials to the Clerk's Office with this complaint. Any documents you submit must relate directly to the claims you raise in this lawsuit. They will become part of the court record and will not be returned to you.
I. PLAINTIFF INFORMATION
Name (Last, First, MI) ___
Aliases/Former Names___
Prisoner ID #___
Place of Detention___
Institutional Address___
County, ___
City ___
State ___
Zip Code___
Indicate your status:
[]Pretrial detainee
[] Convicted and sentenced state prisoner
[] Civilly committed detainee
[] Convicted and sentenced federal prisoner
[] Immigration detainee
II. DEFENDANT INFORMATION
Please list the following information for each defendant. If the correct information is not provided, it could delay or prevent service of the complaint. Make sure that the defendant(s) listed below are identical to those contained in the caption on the first page of the complaint. Attach additional sheets of paper as necessary.
Defendant 1:
Name (Last, First)___
Current Job Title___
Current Work Address___
County, ___
City ___
State ___
Zip Code___
Defendant 2: ___
Name (Last, First)___
Current Job Title___
Current Work Address___
County, ___
City ___
State ___
Zip Code___
Defendant 3:
Name (Last, First)___
Current Job Title___
Current Work Address___
County___
City ___
State ___
Zip Code___
III. STATEMENT OF CLAIM(S)
In this section, you must explain what you believe each defendant did to violate your civil rights, and if you know, identify the federal statutory or constitutional right you believe was violated.
If you believe the defendant(s) violated your civil rights in more than one way, explain each violation under a different count. For example, if you believe you received constitutionally inadequate medical care and your religious rights were substantially burdened, include one claim under “Count I” (i.e., medical) and the other claim under “Count II” (i.e., religion).
Number your paragraphs. For example, in Count I, paragraphs should be numbered 1.1, 1.2, 1.3, etc., and in Count II, paragraphs should be numbered 2.1, 2.2, 2.3, etc. The first two paragraphs of each Count have been numbered for you.
If you have more than three counts, attach additional pages and follow the same format for each count.
If you attach documents to support the facts of your claim(s), you must specify which portion of the document(s) (i.e., page and paragraph) you are relying on to support the specific fact(s) of your claim(s). If you do not specify the portion of the supporting document(s), the Court may disregard your document(s).
COUNT I
Identify the first right you believe was violated and by whom:
1.1 State the facts of your first claim below. Include all the facts you consider important. Be specific about dates, times, locations, and the names of the people involved. Describe exactly what each specific defendant did or failed to do that caused you injury or violated your rights, and include any other facts that show why you believe what happened was wrong. Ifyou need additional space, you may attach extra sheets.
1.2
State with specificity the injury, harm, or damages you believe you suffered as a result of the events you described above in Count I. Continue to number your paragraphs.
COUNT II
Identify the second right you believe was violated and by whom: 2.1 State the facts of your second claim below. Include all the facts you consider important. Be specific about dates, times, locations, and the names of the people involved. Describe exactly what each specific defendant did or failed to do that caused you injury or violated your rights, and include any other facts that show why you believe what happened was wrong. Ifyou need additional space, you may attach extra sheets. 22
State with specificity the injury, harm, or damages you believe you suffered as a result of the events you described above in Count II. Continue to number your paragraphs.
COUNT III
Identify the third right you believe was violated and by whom: 3.1 State the facts of your third claim below. Include all the facts you consider important. Be specific about dates, times, locations, and the names of the people involved. Describe exactly what each specific defendant did or failed to do that caused you injury or violated your rights, and include any other facts that show why you believe what happened was wrong. If you need additional space, you may attach extra sheets. 32
State with specificity the injury, harm, or damages you believe you suffered as a result of the events you described above in Count III. Continue to number your paragraphs.
IV. RELIEF
State exactly what you want the Court to do for you. For example, you may be seeking money damages from an individual defendant, you may want the Court to order a defendant to do something or to stop doing something, or you may want both kinds of relief. Make no legal arguments. Cite no cases or statutes.
V. SIGNATURE
By signing this complaint, you represent to the Court that you believe the facts alleged to be true to the best of your knowledge, that you believe those facts show a violation of law, and that you are not filing this complaint to harass another person or for any other improper purpose.
Dated Plaintiff's Signature___