Scott v. Ames

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER D. SCOTT, 11 Case No. 24-cv-07273 NC (PR) Plaintiff, 12 ORDER OF SERVICE; DIRECTING DEFENDANTS TO FILE v. 13 DISPOSITIVE MOTION OR NOTICE REGARDING SUCH 14 MOTION; INSTRUCTIONS TO DEPUTY AMES, et al., CLERK 15 Defendants. 16 17 18 Plaintiff, who is currently at the Maple Street Correctional Center in Redwood City, 19 filed a pro se civil rights complaint under 42 U.S.C. § 1983 against two sheriff deputies for 20 Contra Costa County. Dkt. No. 1 at 2. Plaintiff filed consent to magistrate jurisdiction. 21 Dkt. No. 4. On February 11, 2025, the Court granted Plaintiff leave to amend to clarify his 22 custody status for this matter to proceed. Dkt. No. 6. Plaintiff filed a first amended 23 complaint. Dkt. No. 7. 24 25 DISCUSSION 26 A. Standard of Review 27 A federal court must conduct a preliminary screening in any case in which a 1 governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any 2 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 3 upon which relief may be granted or seek monetary relief from a defendant who is immune 4 from such relief. See id. § 1915A(b)(1),(2). Pro se pleadings must, however, be liberally 5 construed. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1988). 6 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential 7 elements: (1) that a right secured by the Constitution or laws of the United States was 8 violated, and (2) that the alleged violation was committed by a person acting under the 9 color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988). 10 B. Plaintiff’s Claims 11 Plaintiff alleges that on December 13, 2023, while facing criminal charges for first 12 degree robbery at the West County Detention Facility in Contra Costa County, Deputies 13 Ames and Ruiz “assaulted [him] by jumping on [him] [and] grabbing” him, causing 14 damage to his left shoulder, both knees, and his mental state. Dkt. No. 7 at 2-3. He alleges 15 that Defendants continued to “apply more pressure” and caused him more pain. Id. at 3. 16 Plaintiff claims that on August 25, 2024, Defendant Ames recalled “beating up” Plaintiff 17 with Deputy Ruiz. Id. Plaintiff claims he still suffers from a dislocated shoulder due to 18 these deputies’ use of excessive force. Id. Plaintiff seeks damages. Id. 19 Plaintiff indicates that he was not convicted at the time. Dkt. No. 7 at 3. The Due 20 Process Clause of the Fourteenth Amendment protects a post-arraignment pretrial detainee 21 from the use of excessive force that amounts to punishment. Graham v. Connor, 490 U.S. 22 386, 395 n.10 (1989) (citing Bell v. Wolfish, 441 U.S. 520, 535-39 (1979)). Accordingly, 23 Plaintiff’s allegations are sufficient to state an excessive force claim under the Fourteenth 24 Amendment. 25 The Clerk shall terminate the Contra Costa Sheriff Department as a party to this 26 action as Plaintiff does not name this defendant in the amended complaint. See Ferdik v. 1 complaint are no longer defendants). 2 3 CONCLUSION 4 For the foregoing reasons, the Court orders as follows: 5 1. The Clerk shall terminate Contra Costa Sheriff Department from the docket 6 as it is no longer a party to this action. 7 2. 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 (Docket No. 7) and all attachments thereto, and a copy of this 10 order to the Deputies Ames and Ruiz at the West County Detention Facility of Contra 11 Costa County (5555 Giant Highway, Richmond, CA 94806). The Clerk shall also 12 include a magistrate judge jurisdiction notice and consent form, which Defendants must 13 return in the time provided by the notice. 14 The Clerk of the Court shall also mail a courtesy copy of the amended complaint 15 and a copy of this order to the County Counsel for Contra Costa County (1025 Escobar St., 16 3rd Fl., Martinez, CA 94553). Additionally, the Clerk shall mail a copy of this order to 17 Plaintiff. 18 3. Defendants are cautioned that Rule 4 of the Federal Rules of Civil Procedure 19 requires them to cooperate in saving unnecessary costs of service of the summons and 20 amended complaint. Pursuant to Rule 4, if Defendants, after being notified of this action 21 and asked by the Court, on behalf of Plaintiff, to waive service of the summons, fail to do 22 so, they will be required to bear the cost of such service unless good cause be shown for 23 their failure to sign and return the waiver form. If service is waived, Defendants will be 24 required to serve and file an answer within sixty (60) days from the date on which the 25 request for waiver was sent to them. Defendants are asked to read the statement set forth 26 at the bottom of the waiver form that more completely describes the duties of the parties 1 provided in the Notice but before Defendants have been personally served, the Answer 2 shall be due sixty (60) days from the date on which the request for waiver was sent or 3 twenty (20) days from the date the waiver form is filed, whichever is later. 4 4. No later than twenty-eight (28) days from the date the form is sent from the 5 Court, Defendants shall file their Consent or Declination to Magistrate Judge Jurisdiction. 6 5. No later than ninety-one (91) days from the date this order is filed, 7 Defendants shall file a motion for summary judgment or other dispositive motion with 8 respect to the claims in the complaint found to be cognizable above. 9 a. Any motion for summary judgment shall be supported by adequate 10 factual documentation and shall conform in all respects to Rule 56 of the Federal Rules of 11 Civil Procedure. Defendants are advised that summary judgment cannot be granted, nor 12 qualified immunity found, if material facts are in dispute. If any Defendant is of the 13 opinion that this case cannot be resolved by summary judgment, he shall so inform the 14 Court prior to the date the summary judgment motion is due. 15 b. In the event Defendants file a motion for summary judgment, the 16 Ninth Circuit has held that Plaintiff must be concurrently provided the appropriate 17 warnings under Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (en banc). See 18 Woods v. Carey, 684 F.3d 934, 940 (9th Cir. 2012). 19 6. Plaintiff’s opposition to the dispositive motion shall be filed with the Court 20 and served on Defendants no later than twenty-eight (28) days from the date Defendants’ 21 motion is filed. 22 Plaintiff is also advised to read Rule 56 of the Federal Rules of Civil Procedure and 23 Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (holding party opposing summary judgment 24 must come forward with evidence showing triable issues of material fact on every essential 25 element of his claim). Plaintiff is cautioned that failure to file an opposition to 26 Defendants’ motion for summary judgment may be deemed to be a consent by Plaintiff to 1 Ghazali v. Moran, 46 F.3d 52, 53–54 (9th Cir. 1995) (per curiam); Brydges v. Lewis, 18 2 F.3d 651, 653 (9th Cir. 1994). 3 7. Defendants shall file a reply brief no later than fourteen (14) days after 4 Plaintiff’s opposition is filed. 5 8. The motion shall be deemed submitted as of the date the reply brief is due. 6 No hearing will be held on the motion unless the Court so orders at a later date. 7 9. All communications by the Plaintiff with the Court must be served on 8 Defendants, or Defendants’ counsel once counsel has been designated, by mailing a true 9 copy of the document to Defendants or Defendants’ counsel. 10 10. Discovery may be taken in accordance with the Federal Rules of Civil 11 Procedure. No further court order under Federal Rule of Civil Procedure 30(a)(2) or Local 12 Rule 16-1 is required before the parties may conduct discovery. 13 11. It is Plaintiff’s responsibility to prosecute this case. Plaintiff must keep the 14 Court informed of any change of address by filing a separate paper with the Clerk headed 15 “Notice of Change of Address.” He also must comply with the Court’s orders in a timely 16 fashion. Failure to do so may result in the dismissal of this action for failure to prosecute 17 pursuant to Federal Rule of Civil Procedure 41(b). 18 12. Extensions of time must be filed no later than the deadline sought to be 19 extended and must be accompanied by a showing of good cause. 20 IT IS SO ORDERED. 21 Dated: April 10, 2025 ________________________ NATHANAEL M. COUSINS 22 United States Magistrate Judge 23 24 25 Order of Service PRO-SE\NC\CR.2024\07273Scott_svc 26