Eller v. Almond

Background

Kenneth Wayne Eller, a pretrial detainee who was representing himself, brought a civil-rights action under 42 U.S.C. § 1983 against Sheriff Tom Almond of Mendocino County. Eller alleged that, after his September 6, 2019 arrest, he spent several days in a cold, hard holding cell without socks or shoes and wearing an oversized jumpsuit. He also alleged that he was denied medical treatment and a shower, and that he was later placed in a medical observation cell without food or access to a doctor after reporting cramps and constipation. He stated that it took at least two weeks for him to see a nurse, who gave him a stool softener. He said he was not seeking money but did not identify the other relief he wanted. The court said it would address his request to proceed without paying the filing fee in a separate order.

Screening standard

Because a prisoner seeks relief from a governmental officer, the court was required to conduct an initial screening under 28 U.S.C. § 1915A. The court had to identify claims that could proceed and dismiss claims that were frivolous, malicious, failed to state a claim, or sought relief from an immune defendant. The court also stated that pleadings filed without a lawyer must be read liberally.

To state a claim under § 1983, Eller had to allege both that a federal constitutional or statutory right was violated and that the violation was committed by a person acting under state law.

Conditions-of-confinement claim

For a pretrial detainee challenging confinement conditions, the relevant question is whether the conditions amounted to punishment prohibited by the Fourteenth Amendment’s Due Process Clause. The court said that, even assuming the alleged conditions—including several days in a cold cell without shoes and socks—amounted to punishment, Eller did not show that Sheriff Almond was responsible. The complaint did not mention Almond by name in the statement of claim, identify any individual as responsible, or indicate that Almond could be liable as a supervisor.

The court explained that a supervisor may be liable under § 1983 based on personal involvement or a sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation. A supervisor cannot be held liable merely because of responsibility for other people.

Medical-care claim

A pretrial detainee’s claim for inadequate medical care also arises under the Fourteenth Amendment. The court described an objective deliberate-indifference standard. Under that standard, the plaintiff must allege that the individual defendant intentionally decided the conditions of confinement; the conditions created a substantial risk of serious harm; the defendant failed to take reasonable available measures to reduce that risk even though the high risk should have been apparent; and that failure caused injury. The conduct must be objectively unreasonable and must involve more than negligence, although it does not require proof of a defendant’s subjective intent.

The court found that Eller had not explained how Sheriff Almond was responsible for the alleged denial of medical treatment. It allowed Eller to try to state an adequate medical-care claim against Almond or a newly named defendant in an amended complaint.

Relief and disposition

The court also found that Eller had not adequately stated the relief he sought. It instructed him to explain briefly and specifically what he wanted the court to do.

The court dismissed the complaint with leave to amend. It ordered Eller to file an amended complaint using the court’s form within 28 days from the order’s filing date. The amended complaint had to use the caption and civil case number specified in the order and include the words “AMENDED COMPLAINT” on the first page. The amended complaint would replace the original complaint; claims and defendants omitted from it would no longer be part of the action. The court warned that failure to file as ordered would result in dismissal of the action without prejudice and without further notice. Judge Beth Labson Freeman signed the order.