Rodriguez v. Kelly

Background

Michael Rodriguez, a California state prisoner proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 against Nurse Kelly, who worked at Salinas Valley State Prison. Section 1983 allows a person to seek relief for a violation of a federal constitutional or statutory right by someone acting under state authority. Rodriguez’s request to proceed without paying the filing fee was left for a separate order.

Rodriguez alleged that Kelly failed to provide his medication at 5:00 p.m. on May 12, 2019, after he asked her to return in ten minutes. He alleged that, when he requested the medication again at about 8:00 p.m., Kelly made abusive comments involving his race, immigration status, and sexual orientation and refused to provide the medication. Rodriguez alleged that Kelly also denied him the medication on May 13. He characterized the conduct as racial and sex discrimination and denial of medical treatment, and he sought damages.

Screening and Analysis

Because Rodriguez was a prisoner seeking relief from a governmental employee, the court screened the complaint under 28 U.S.C. § 1915A. The court explained that a § 1983 claim requires allegations showing both a violation of a federal right and action under color of state law.

The court held that Kelly’s alleged verbal harassment, standing alone, did not state a claim under § 1983, even if the comments were racially motivated. The court noted that harassment combined with conduct violating the Eighth Amendment—the constitutional ban on cruel and unusual punishment—could support a claim, including when the conduct showed deliberate indifference to a prisoner’s serious medical needs.

The court found Rodriguez’s medical-care allegations insufficient. He did not identify what the medication was for, so he had not shown a serious medical need. He also did not allege facts showing that Kelly knew he faced a substantial risk of serious harm without the medication and disregarded that risk by withholding it for two days. The court allowed him an opportunity to amend and instructed him to describe how each defendant’s acts or omissions caused the alleged constitutional violation.

Disposition

The court ordered that the complaint was DISMISSED with leave to amend. Rodriguez was required to file an amended complaint on the court’s form within 28 days after the order was filed, using the case caption and number and labeling the first page “AMENDED COMPLAINT.” The court explained that the amended complaint would replace the original, and that claims or defendants omitted from it would no longer be part of the action.

The court further ordered that failure to file an amended complaint as directed would result in dismissal of the action without prejudice and without further notice. The clerk was ordered to terminate Salinas Valley State Prison as a party because Rodriguez had named it only to identify Kelly’s place of employment. Judge Beth Labson Freeman signed the order on February 7, 2020.