Young v. Valenzuela

Background

Kenry Lee Young brought a civil-rights action under 42 U.S.C. § 1983 against E. Valenzuela. Young alleged that, on April 2, 2022, while he was incarcerated at the Contra Costa County Jail, he complained to Deputy Valenzuela that there was no soap in a dispenser. Young alleged that Valenzuela called him a “smart ass” and told him to take his “black ass” downstairs and say it to his face. The opinion describes the language as disrespectful, unprofessional, and racially discriminatory.

The opinion recounts that Young initially filed a complaint and later sought permission to amend it. After no amended complaint or response was filed, the court dismissed the suit. Young later filed a motion to reopen and an amended complaint, which was the subject of this order.

Screening standard

Because Young was a prisoner seeking relief from a governmental officer, the court screened the amended complaint under 28 U.S.C. § 1915A. That screening requires the court to identify claims that are legally sufficient and dismiss claims that are frivolous, malicious, fail to state a claim for relief, or seek money from a defendant protected from such relief.

To state a claim under § 1983, a plaintiff must allege both a violation of a right protected by the Constitution or federal law and conduct by a person acting under color of state law, meaning through authority connected to state government.

Court’s analysis

The court held that the alleged verbal harassment did not come close to stating a constitutional violation. It relied on Ninth Circuit decisions holding that disrespectful, assaultive, vulgar, or insulting comments by prison staff generally do not establish a constitutional claim. The court further stated that this conclusion applies even when the verbal harassment is racially motivated.

Disposition

The court dismissed the civil-rights action for failure to state a claim for relief. The clerk was ordered to enter judgment in favor of E. Valenzuela and close the file.