Hill v. Parin

Background

Cymeyon V. Hill, a civil detainee held at Salinas Valley State Prison, filed a civil-rights complaint without a lawyer under 42 U.S.C. § 1983. His amended complaint was the operative complaint. He sought injunctive relief and punitive damages. The defendants named in that amended complaint were Salinas Valley State Prison Correctional Officers De Franco, Juarez, Hammel, Infante, Cary, Florez, and Beam.

The court also corrected one defendant's name from “Officer Fuarez” to “Officer Juarez” because the handwriting in the amended complaint had been difficult to decipher. Chief Deputy Warden R. Parin had been named in the original complaint but was not named in the amended complaint.

Claims and Screening

The court conducted the preliminary screening required when a person in custody seeks relief from government officials. Under that screening process, the court must identify claims that can proceed and dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. The court also explained that a claim under 42 U.S.C. § 1983 requires an alleged violation of a federal right by a person acting under state law.

Hill alleged four types of misconduct arising from a May 23, 2020 incident involving an attack by another inmate:

- deliberate indifference to his safety, based on the officers' alleged failure to intervene and prevent the attack; - excessive force against Officer De Franco, based on the allegation that De Franco shot Hill with a 40-millimeter launcher without justification; - deliberate indifference to serious medical needs, based on the alleged failure to properly treat injuries from the incident; and - retaliation, based on the alleged failure to protect Hill, delay in intervening, and statements referring to his filing grievances.

Ruling and Case Status

The court found that Hill stated a cognizable First Amendment retaliation claim and cognizable Eighth Amendment claims for deliberate indifference to safety and serious medical needs against all named defendants. It also found a cognizable Eighth Amendment excessive-force claim against De Franco. “Cognizable” here means that the claim was sufficient to continue beyond initial screening; the order did not determine that Hill would ultimately prevail.

The court DISMISSED all claims against Chief Deputy Warden R. Parin because Parin was not included in the amended complaint. It ordered the clerk to send the remaining named officers the lawsuit materials and requests to waive formal service. The remaining defendants were directed to answer, after which the order set deadlines for dispositive motions, responses, and replies. The order also permitted discovery and explained Hill's responsibilities for serving filings, keeping the court informed of address changes, and prosecuting the case.

Judge Yvonne Gonzalez Rogers signed the order on December 15, 2020.