Casares v. Rojas
- Kandis Westmore
- 3:26-cv-02985
- U.S. District Court · Northern District of California
- 5
In Casares v. Rojas, Judge Trina Lee ordered service of a prisoner's civil rights complaint alleging unconstitutional living space on the correct defendants after a prior service order named the wrong warden.
Prisoners in California Department of Corrections and Rehabilitation (CDCR) custody who file pro se civil rights lawsuits alleging unconstitutional conditions of confinement, and CDCR officials named as defendants in such actions.
What happened
In Casares v. Rojas, No. 26-cv-02985-TLT, Manuel Jose Casares, a prisoner at Correctional Training Facility (CTF), filed a civil rights lawsuit under 42 U.S.C. § 1983 against CTF Warden Cynthia Rojas and Jefferey Macomber, Secretary of the California Department of Corrections and Rehabilitation (CDCR). Casares claims that defendants violated his Eighth Amendment rights — the constitutional prohibition on cruel and unusual punishment — by housing him in an unconstitutionally inadequate living space, and he seeks money damages.
The court conducted a required preliminary screening of the complaint because Casares is a prisoner suing government officials. Under that screening, the court may dismiss claims that are frivolous, fail to state a valid legal claim, or seek money from a defendant who cannot be sued for damages. Here, the court found that Casares's complaint, read generously as required for self-represented litigants, adequately stated a cognizable Eighth Amendment claim based on inadequate living space.
Judge Trina Lee issued this amended order to correct a prior service order that had mistakenly named a former warden instead of the current one. The amended order directs the court clerk to serve the complaint on Rojas and Macomber through the CDCR's electronic service program. Briefing is currently stayed while the court decides whether to designate a bellwether case — a single case chosen to proceed first as a test of how similar related cases might be resolved.
The detailed version
- Casares v. Rojas · No. 3:26-cv-02985
- Kandis Westmore
- Aug. 21, 2026
Background
Plaintiff Manuel Jose Casares, a prisoner at Correctional Training Facility (CTF), filed a pro se (self-represented) civil rights complaint under 42 U.S.C. § 1983, the federal statute that allows individuals to sue state or local officials for constitutional violations. The complaint names two defendants: (1) CTF Warden Cynthia Rojas and (2) Jefferey Macomber, Secretary of the California Department of Corrections and Rehabilitation (CDCR). Casares alleges that defendants have violated his Eighth Amendment rights by housing him in an unconstitutionally inadequate living space, and he seeks damages. The case was noted as related to a prior proceeding raising similar or identical allegations.
A prior service order (Dkt. No. 11), dated August 19, 2026, incorrectly listed former CTF Warden Edward Borla as a defendant instead of the current warden, Cynthia Rojas. The instant order amends and vacates that prior order to correct the error.
Screening Standard
Under 28 U.S.C. § 1915A, a federal court must screen any complaint in which a prisoner seeks redress from a governmental entity or official. The court must identify cognizable claims and dismiss claims that are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek monetary relief against a defendant who is immune from such relief. Pro se pleadings must be liberally construed. To survive screening, a complaint must provide enough facts to state a plausible claim for relief — not merely labels and conclusions.
To state a claim under § 1983, a plaintiff must allege: (1) that a right secured by the Constitution or laws of the United States was violated; and (2) that the alleged violation was committed by a person acting under color of state law.
The Eighth Amendment Claim
The Eighth Amendment prohibits cruel and unusual punishment. The Supreme Court has held that while the Constitution does not mandate comfortable prisons, it does require that prisoners receive the "minimal civilized measure of life's necessities." The court found that Casares's complaint, liberally construed, adequately states an Eighth Amendment claim against both defendants based on alleged inadequate living space.
Disposition
Judge Lee issued this amended order of service, which:
- Vacates the prior order of service dated August 19, 2026. - Orders service on defendants Cynthia Rojas (Warden of CTF) and Jefferey Macomber (Secretary of CDCR) through the CDCR's electronic service program for civil rights cases involving CDCR prisoners. - Directs the Clerk to serve the CDCR via email with the operative complaint, this order, a CDCR Report of E-Service Waiver form, and a summons. - Requires the CDCR, within 40 days of email service, to report which defendants will waive formal service and which will not. Defendants who waive service through the CDCR's program will have 60 days from the date the CDCR provides the waiver report to the California Attorney General's Office to file an answer; those served by the U.S. Marshal Service (USMS) must answer within 21 days of being served. - Notes that briefing is currently stayed while the court considers whether to designate a bellwether case — a single test case to be litigated first among related cases — with further scheduling to follow that determination.
Procedural Notes
The court reminds Casares, as a self-represented litigant, that he must keep the court informed of any address changes, serve all communications on defendants or their counsel, and comply with court orders. Under Local Rule 3-11, the case may be dismissed if mail to Casares is returned undeliverable and no current address is received within 60 days.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.