Dorchester v. Rojos

Background

Robert L. Dorchester, a prisoner at Correctional Training Facility, filed a civil-rights complaint without a lawyer under 42 U.S.C. § 1983. He named Cynthia Rojas, identified as the warden of Correctional Training Facility; Jeffrey Macomber, identified as the Secretary of the California Department of Corrections and Rehabilitation; and the California Department of Corrections and Rehabilitation. He alleged that the defendants violated the Eighth Amendment by housing him in an unconstitutionally small cell and sought damages.

The court considered the complaint under the prisoner-screening statute, 28 U.S.C. § 1915A. That screening requires the court to identify claims that can proceed and dismiss claims that are frivolous, malicious, inadequately pleaded, or seek damages from an immune defendant. The court also stated that the California Department of Corrections and Rehabilitation has Eleventh Amendment immunity from a damages suit.

Ruling

The court stated that the Eighth Amendment requires prisons to provide prisoners with the basic necessities of civilized life, even though it does not require comfortable prisons. Construing the complaint liberally, the court held that Dorchester stated a cognizable Eighth Amendment claim against Rojas and Macomber for inadequate living space.

The court vacated the prior judgment and reopened the case. It separately granted Dorchester’s application to proceed without paying the filing fee. It ordered service on Rojas and Macomber through the California Department of Corrections and Rehabilitation’s electronic-service program for prisoner civil-rights cases. The order did not state that the claims against the California Department of Corrections and Rehabilitation would proceed.

Further Procedures

The California Department of Corrections and Rehabilitation must report which defendants waive service. The California Attorney General’s Office must file waivers for defendants who agree to waive service, and the United States Marshals Service will serve any defendant who does not waive service. The defendants must answer under the Federal Rules of Civil Procedure, subject to the response periods described in the order.

Briefing is stayed while the court decides whether to set a bellwether case. The court will either continue the stay for non-bellwether cases or establish a briefing schedule in related cases, depending on its ruling on that issue. The order also requires Dorchester to serve future court communications on the defendants or their counsel, keep the court informed of address changes, and prosecute the case.