Hill v. Medical Staff from Program 1

Background

Cymeyon V. Hill filed a civil-rights complaint without a lawyer under 42 U.S.C. § 1983. The opinion states that Hill was a civil detainee being held at Napa State Hospital and had been civilly committed in 1997 after entering a plea of not guilty by reason of insanity. Hill sought punitive and monetary damages.

Hill alleged that on April 22, 2024, while in Unit F8, he asked “Medical Staff Tom,” “Medical Staff Monique,” and Jennie Clay to move him for safety reasons because a non-party medical staff member, “Medical Staff Abie,” had threatened to have him killed by coworkers. According to Hill, Tom, Monique, and Clay told him that he would be punished for filing lawsuits and grievances against defendants at the hospital and would be punished in the future for filing lawsuits.

Screening and Claims

Because Hill sought relief from governmental staff, the court conducted the required preliminary screening under 28 U.S.C. § 1915A. At this stage, the court must identify legally sufficient claims and dismiss claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant. The court also stated that complaints filed without a lawyer must be read liberally.

For a First Amendment retaliation claim, a plaintiff must show that he engaged in constitutionally protected activity, suffered adverse action that could discourage an ordinary person from continuing that activity, and that the protected activity substantially caused the adverse action. The court held that Hill stated a cognizable First Amendment retaliation claim against Tom, Monique, and Clay based on the alleged threats of punishment for filing lawsuits and grievances.

The court separately dismissed Hill’s claim against Tom, Monique, and Clay based on verbal harassment and threats. It relied on Ninth Circuit precedent stating that verbal harassment, abuse, and a mere threat generally do not establish a constitutional violation under § 1983. The opinion does not state that this claim was dismissed with or without prejudice.

Disposition and Case Procedures

The court ordered the Clerk to send the complaint, attachments, and service materials to “Medical Staff Tom,” “Medical Staff Monique,” and Jennie Clay through Napa State Hospital’s litigation coordinator. The Clerk was also ordered to send the materials to the State Attorney General’s Office and a copy of the order to Hill.

The defendants were directed to answer under the Federal Rules of Civil Procedure. The order set procedures for a later summary-judgment or other dispositive motion, including required supporting records and notices to Hill. It also addressed possible motions concerning exhaustion of available administrative remedies, discovery, service of filings, address changes, and extensions of time. The opinion states that Hill’s request to proceed without paying the filing fee would be addressed in a separate order.

Judge Yvonne Rogers therefore entered an order of partial dismissal and service: the verbal-harassment-and-threats claim was dismissed, while the First Amendment retaliation claim against Tom, Monique, and Clay was allowed to proceed.