(PC) Baker v. County of Alameda ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 BOBBY BAKER, 11 Case No. 23-cv-3041 NC (PR) Plaintiff, 12 ORDER OF SERVICE; ORDER v. GRANTING MOTION TO 13 PROCEED IN FORMA PAUPERIS COUNTY OF ALAMEDA, et al., 14 Defendants. Re: Dkt. No. 2 15 16 17 Plaintiff is a civil detainee Coalinga State Hospital, awaiting his commitment trial 18 under California’s Sexually Violent Predator Act. Dkt. No. 1 (“Complaint”) at 5. He filed 19 the Complaint pro se, pursuant to 42 U.S.C. § 1983, concerning events which occurred at a 20 jail in Alameda County, where Plaintiff temporarily was housed. See generally, id. 21 The Complaint and Plaintiff’s motion to proceed in forma pauperis (“IFP”) are now 22 before the Court. For the reasons that follow, the Court orders service upon Defendants. 23 BACKGROUND 24 I. Legal Standard 25 A federal court must engage in a preliminary screening of any case in which a 26 prisoner seeks redress from a governmental entity or officer or employee of a 1 governmental entity. 28 U.S.C. § 1915A(a). In its review the court must identify any 2 cognizable claims, and dismiss any claims which are frivolous, malicious, fail to state a 3 claim upon which relief may be granted, or seek monetary relief from a defendant who is 4 immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). Pro se pleadings must be liberally 5 construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990). 6 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two elements: 7 (1) that a right secured by the Constitution or laws of the United States was violated and 8 (2) that the violation was committed by a person acting under the color of state law. See 9 West v. Atkins, 487 U.S. 42, 48 (1988). 10 II. Plaintiff’s Claims 11 From September 15, 2022, to December 5, 2022, Plaintiff was housed at Alameda 12 County Jail while awaiting his civil commitment trial. See Compl. at 5, 9. 13 First, Plaintiff claims that Alameda County and the Alameda County Sheriff’s 14 Department have a policy (“Policy”) of (1) failing to house persons detained under 15 California Welfare and Institutions Code § 6600 separate from the general prison 16 population, in violation of his Eighth Amendment rights; and (2) failing to treat persons 17 detained under California Welfare and Institutions Code § 6600 differently from the 18 general prison population, in violation of his Fourteenth Amendment rights. See generally, 19 Compl.; see also Jones v. Blanas, 393 F.3d 918 (9th Cir. 2004) (discussing similar claims). 20 Second, Plaintiff alleges that he was attacked by criminal detainees because the 21 Policy required him to be housed with them. Compl. at 6-7. He thus claims that the Policy 22 prevented officers at Alameda County Jail from adequately protecting him. A pretrial 23 detainee’s safety or medical care claim arises under the Fourteenth Amendment’s Due 24 Process Clause and is governed by an objective deliberate-indifference standard. See 25 Gordon v. County of Orange, 888 F.3d 1118, 1125 (9th Cir. 2018). This claim thus arises 26 under the Fourteenth Amendment. 1 Third, Plaintiff alleges that he was denied adequate medical care for two days 2 following this attack. See Compl. at 7-9. This claim arises under the Fourteenth 3 Amendment. See Gordon, 888 F.3d at 1125. 4 Liberally construed, Plaintiff has stated cognizable claims that his Fourteenth 5 Amendment rights were violated by the Policy. 6 CONCLUSION 7 1. The Clerk of the Court shall mail a Notice of Lawsuit and Request for 8 Waiver of Service of Summons, two copies of the Waiver of Service of Summons, a copy 9 of the amended complaint and all attachments thereto, a magistrate judge jurisdiction 10 consent form, and a copy of this order to Defendants Alameda County and the Sheriff of 11 Alameda County. The Clerk of the Court shall also mail a courtesy copy of the amended 12 complaint and a copy of this order to the Office of the County Counsel for Alameda 13 County. Additionally, the Clerk shall mail a copy of this order to Plaintiff. 14 2. Defendants are cautioned that Rule 4 of the Federal Rules of Civil Procedure 15 requires them to cooperate in saving unnecessary costs of service of the summons and 16 amended complaint. Pursuant to Rule 4, if Defendants, after being notified of this action 17 and asked by the Court, on behalf of Plaintiff, to waive service of the summons, fail to do 18 so, they will be required to bear the cost of such service unless good cause be shown for 19 their failure to sign and return the waiver form. If service is waived, Defendants will be 20 required to serve and file an answer within sixty (60) days from the date on which the 21 request for waiver was sent to them. Defendants are asked to read the statement set forth 22 at the bottom of the waiver form that more completely describes the duties of the parties 23 with regard to waiver of service of the summons. If service is waived after the date 24 provided in the Notice but before Defendants have been personally served, the Answer 25 shall be due sixty (60) days from the date on which the request for waiver was sent or 26 twenty (20) days from the date the waiver form is filed, whichever is later. 1 3. No later than twenty-eight (28) days from the date the form is sent from the 2 Court, Defendants shall file their Consent or Declination to Magistrate Judge Jurisdiction. 3 4. No later than sixty (60) days from the date the waivers are sent from the 4 Court, Defendants shall file a dispositive motion, such as a motion to dismiss or a motion 5 for summary judgment, with respect to the cognizable claims in the amended complaint, 6 raising any merits challenges or affirmative defenses they may have to those claims. Any 7 motion for summary judgment shall be supported by adequate factual documentation and 8 shall conform in all respects to Rule 56 of the Federal Rules of Civil Procedure. A motion 9 for summary judgment also must be accompanied by a Rand notice so that Plaintiff will 10 have fair, timely and adequate notice of what is required of him in order to oppose the 11 motion. Woods v. Carey, 684 F.3d 934, 939 (9th Cir. 2012) (notice requirement set out in 12 Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998), must be served concurrently with motion 13 for summary judgment). Defendants are advised that summary judgment cannot be 14 granted, nor qualified immunity found, if material facts are in dispute. If Defendants are of 15 the opinion that this case cannot be resolved by summary judgment, they shall so inform 16 the Court prior to the date the summary judgment motion is due. 17 5. Plaintiff’s opposition to the dispositive motion shall be filed with the Court 18 and served on Defendants no later than twenty-eight (28) days from the date Defendants’ 19 motion is filed. Plaintiff is advised to read Rule 56 of the Federal Rules of Civil Procedure 20 and Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (holding party opposing summary 21 judgment must come forward with evidence showing triable issues of material fact on 22 every essential element of his claim). 23 6. Defendants shall file a reply brief no later than fourteen (14) days after 24 Plaintiff’s opposition is filed. 25 7. All communications by Plaintiff with the Court must be served on 26 Defendants, or Defendants’ counsel once counsel has been designated, by mailing a true 1 8. Discovery may be taken in accordance with the Federal Rules of Civil 2 Procedure. No further court order under Federal Rule of Civil Procedure 30(a)(2) is 3 required before the parties may conduct discovery. 4 9. It is Plaintiff’s responsibility to prosecute this case. Plaintiff must keep the 5 Court informed of any change of address by filing a separate paper with the Clerk headed 6 “Notice of Change of Address.” He also must comply with the Court’s orders in a timely 7 fashion. Failure to do so may result in the dismissal of this action for failure to prosecute 8 pursuant to Federal Rule of Civil Procedure 41(b). 9 10. Plaintiff’s motion to proceed IFP is GRANTED. See Dkt. No. 2. 10 IT IS SO ORDERED. 11 DATED: September 29, 2023 NATHANAEL M. COUSINS 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26