Cleveland v. Reynoso

Background

Larry Charles Cleveland, who was incarcerated at Salinas Valley State Prison and proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983 against Sergeant M. Barroso, Correctional Officers R. Reynoso and M. Cervantes, and two unnamed correctional officers identified as John Does 1 and 2. He sought declaratory relief and monetary damages. The court stated that Cleveland’s request to proceed without paying the filing fee would be addressed in a separate written order.

Cleveland alleged that, after taking non-prescribed medications because of safety concerns, he told hospital and prison personnel that a known enemy was housed in Facility B. He claimed that Dr. Nguyen recommended placing him in administrative segregation, but Barroso refused and sent him back to Facility B. Cleveland further alleged that Reynoso, Cervantes, and the two unnamed officers forcefully removed him from his wheelchair, placed him in a holding cell that was not accessible to wheelchairs, struck and restrained him while he was handcuffed, and left him on the gym floor. He alleged various bruises, swelling, scratches, abrasions, and other pain. He also claimed that the defendants fabricated a rules-violation report and that Reynoso falsely reported that Cleveland had battered him.

Screening and claims allowed to proceed

Because Cleveland was seeking relief from prison officials, the court conducted the required preliminary screening under 28 U.S.C. § 1915A. This screening asks whether the complaint states claims that may proceed and requires dismissal of claims that are frivolous, malicious, legally insufficient, or seek money from an immune defendant.

The court found these claims legally sufficient at the screening stage:

The order did not decide whether Cleveland will ultimately prove these claims. It found only that the allegations were sufficient for the case to continue past preliminary screening.

Unnamed defendants and next steps

The court allowed Cleveland an opportunity to identify John Does 1 and 2 through discovery. He must provide their names by the deadline for any served defendant to file a motion that could resolve the case. If he does not, the order states that John Does 1 and 2 will be dismissed without prejudice to Cleveland filing new actions against them once their names are known.

The clerk was ordered to send the complaint and service materials to Barroso, Reynoso, and Cervantes and to provide a copy to the California Attorney General’s Office. The named defendants were ordered to answer under the Federal Rules of Civil Procedure. The order also established deadlines for any dispositive motion, Cleveland’s opposition, and a reply, and permitted discovery under the federal rules.

Disposition

The court found that Cleveland had alleged the listed cognizable claims against the named defendants and ordered the case to proceed toward service and further litigation. It did not enter judgment on the merits of the claims. Judge Yvonne Gonzalez Rogers signed the order on July 27, 2020.