Delossa v. Riley

Background

Heriberto Hernandez Delossa filed a lawsuit under 42 U.S.C. § 1983, a federal law allowing claims against people acting under state authority for violating federal rights. The complaint was filed without a lawyer, and the court had granted Delossa permission to proceed without paying the filing fee in a separate order. Because Delossa is a prisoner seeking relief from governmental officials, the court screened the complaint under 28 U.S.C. § 1915A.

The complaint named San Quentin Rehabilitation Center correctional officials Lieutenant Bass, Sergeants Simpson and Taylor, and Officer Castillo. It alleged that on October 8, 2022, Bass, Simpson, and Taylor ordered a correctional officer to conduct an unclothed body search of Delossa while female correctional officers watched. The complaint and attachments stated that the search occurred without privacy shields and required Delossa to expose his genitals and anus. Delossa alleged emotional and mental trauma and sought money damages.

The complaint also purported to bring claims for inmates John Riley and Jesse Rose, as well as more than 100 other plaintiffs. The opinion states that Riley and Rose did not sign the complaint, apply to proceed without paying the filing fee, or otherwise indicate that they wanted to participate.

Court’s analysis

The court explained that prisoner complaints must be screened and that claims may be dismissed if they are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. It also stated that a person proceeding without a lawyer generally cannot represent other people in court.

The court found that the complaint did not allege any facts concerning Officer Castillo. It therefore dismissed Castillo from the action but gave Delossa leave to file an amended complaint asserting claims against him.

The court found that the complaint adequately alleged constitutional claims against Bass, Taylor, and Simpson. Specifically, it identified potentially viable claims under the Fourth Amendment, which protects against unreasonable searches, and the Fourteenth Amendment, which includes a right to bodily privacy. The court ordered those three defendants served.

Disposition

The court dismissed proposed co-plaintiffs John Riley and Jesse Rose from this action without prejudice to each filing a separate action. It directed the Clerk to send them copies of the court’s complaint form.

The court dismissed defendant Castillo with leave to amend. Delossa had 28 days from the date of the order to file an amended complaint. The order states that if he did not timely file an amended complaint, the original complaint would remain operative and Castillo would be dismissed with prejudice.

The court ordered service on Lieutenant C. Bass, Sgt. M. Taylor, and Sgt. E. Simpson through the California Department of Corrections and Rehabilitation’s electronic service program, with United States Marshal service to follow for any defendant who did not waive service. The court did not set a briefing schedule because of a pending administrative motion concerning related cases and scheduling. It also stated that no additional court order was required before the parties could conduct discovery.