Hill v. Black

Background

Cymeyon Hill, a civil detainee proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983 and then filed an amended complaint, which became the operative complaint. He alleged that officials and medical staff at Salinas Valley State Prison violated his constitutional rights during and after a cell extraction on August 4, 2020. He sought injunctive relief and monetary damages. The court stated that it would grant his request to proceed without paying the filing fee in a separate written order.

Initial screening

The court conducted the required preliminary review of a complaint filed by a prisoner seeking relief from government officials under 28 U.S.C. § 1915A. At this stage, the court must identify claims that are legally sufficient and dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. The court also explained that pleadings filed without a lawyer must be read liberally, but they still must contain enough factual allegations to make the claimed entitlement to relief plausible.

Claims recognized by the court

The court found two cognizable Eighth Amendment claims:

- Excessive force: Hill alleged that E. Black, D. Leach, R. Borrego, E. Avila, N. Reese, and J. Garcia were involved in using excessive force. The allegations included D. Leach striking Hill with a baton on his left shoulder and the side of his head; the officers punching and kicking him after he had been placed in full leg restraints for several minutes; and repeatedly pressing his face and neck into the floor with their knees and arms. - Deliberate indifference to serious medical needs: Hill alleged that Registered Nurse Augustin failed to properly treat injuries to his head and shoulders resulting from the incident.

The court held that Hill had adequately linked the named defendants to these claims. It did not make a final determination that the alleged conduct occurred or that Hill would prevail.

Order

The court ordered the clerk to send each defendant a notice of the lawsuit and a request to waive formal service, along with the amended complaint and the order. The defendants were directed to answer under the Federal Rules of Civil Procedure. The order established procedures and deadlines for dispositive motions, including summary judgment and motions based on failure to exhaust administrative remedies. It also permitted discovery under the federal rules and allowed the defendants to depose Hill and other necessary witnesses confined in prison.

The order further required Hill to serve copies of his communications on the defendants or their counsel, keep the court informed of any address change, and comply with court deadlines. The ruling was an initial screening and service order; it did not finally resolve the merits of the claims.