Chavez Sol v. San Francisco County Jail Facility

Background

Salvador Roland Chavez Sol, a detainee at the San Francisco County Jail, filed this civil-rights action without a lawyer under 42 U.S.C. § 1983. The case was initially assigned to Magistrate Judge Robert M. Illman, and Chavez Sol consented to magistrate-judge jurisdiction. Judge Illman dismissed the original complaint with permission to amend because it was partially illegible and difficult to understand. The court instructed Chavez Sol to provide more information, identify specific defendants by name, describe how they violated his constitutional rights, and write legibly.

The case was later reassigned to Judge Beth Labson Freeman. Chavez Sol filed an amended complaint.

Screening and claims

Because a prisoner seeks relief from a governmental entity or employee, the court conducted the required preliminary screening under 28 U.S.C. § 1915A. That screening requires dismissal of claims that are frivolous, malicious, fail to state a claim for relief, or seek money from a defendant who is immune from such relief. The court also noted that pleadings filed without a lawyer must be read liberally.

To state a claim under § 1983, a plaintiff must allege both a violation of a right protected by the Constitution or federal law and a violation committed by a person acting under state authority.

The court found that the amended complaint did not fix the problems identified in the original complaint. Chavez Sol did not specifically allege a violation of his federal or constitutional rights and did not identify any specific defendants by name. The court described the amended complaint as referring to being cursed, fighting wars, being unable to enjoy life, not receiving the “right dose of meds,” undergoing more than one exorcism, being set up by his ex-wife and an undercover officer, and someone threatening to kill him. The court concluded that these allegations did not state a claim that could proceed under § 1983.

Disposition

The court dismissed the amended complaint without leave to amend because Chavez Sol had already received one opportunity to amend and the deficiencies remained. In its conclusion, the court stated that the amended complaint was dismissed for failure to state a claim for which relief can be granted. Judge Beth Labson Freeman signed the order on September 30, 2020.