Jordan v. David O. Livingston

Background

Bruce Howard Jordan, representing himself, filed a complaint under 42 U.S.C. § 1983 concerning the safety of an inmate transport vehicle used by inmates in the custody of the Contra Costa County Sheriff. He alleged that, on October 9, 2025, bumps in the road caused him to bounce around and fall out of his seat. He was shackled and could not use his hands to break his fall. Jordan said he feared suffering head trauma if he fell again and alleged that the sheriff’s department had not granted his requests for safety accommodations.

Screening and Analysis

The court reviewed the complaint under the federal prisoner-screening statutes, which require courts to identify claims that are frivolous, malicious, inadequately pleaded, or seek relief from an immune defendant. To state a claim under Section 1983, a plaintiff must allege both a violation of a federal constitutional or statutory right and action by a person acting under state authority.

The court held that Jordan’s allegations were insufficient to state a claim. He did not allege that he was injured when he fell. He also expressed only a concern about a future head injury and did not provide facts explaining why a similarly dangerous ride was likely to recur or create a serious risk of harm. The court therefore concluded that he had not alleged the kind of unnecessary and wanton infliction of pain required for an Eighth Amendment cruel-and-unusual-punishment claim.

Disposition

Judge Rita F. Lin dismissed the complaint with leave to file an amended complaint by April 20, 2026. The court directed Jordan to provide additional details, including how often he rode the vehicle, the dates of those rides, and what occurred during them. The amended complaint must use the case caption and number in the order, state “FIRST AMENDED COMPLAINT” on its first page, use the court’s form, and include all claims and defendants Jordan wishes to pursue. The court stated that failure to file by the deadline would result in dismissal of the action under Federal Rule of Civil Procedure 41(b) without further notice.