Quair v. San Mateo County Jail

Background

David S Quair, a state prisoner proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983. The original complaint concerned various aspects of his conviction and conditions of incarceration. The court previously dismissed that complaint because it lacked factual allegations supporting the claims, but gave Quair leave to amend.

Court’s analysis

The court screened the amended complaint under the prisoner-screening statute, 28 U.S.C. § 1915A. That screening requires dismissal of claims that are frivolous, malicious, fail to state a claim, or seek money from a defendant who is immune from that relief. The court also applied the rule requiring a complaint to provide a short and plain statement showing entitlement to relief. For a § 1983 claim, a plaintiff must allege both a violation of a federal constitutional or statutory right and conduct by a person acting under state law.

The court concluded that the amended complaint did not correct the defects identified in the original complaint. Quair again alleged in conclusory terms that his conviction and confinement conditions had resulted in disregard for his life, liberty, health, and safety. He provided no facts or details and did not identify what any specific defendant had done.

Disposition

The court held that these bare allegations were insufficient to proceed. Because Quair had already received an opportunity to amend and had not addressed the identified shortcomings, the court found that further leave to amend was not warranted. Judge James Donato dismissed the complaint with prejudice for failure to state a claim.