Ellawendy v. Benal

Background

Abel Fatah Ellawendy, formerly an inmate in the Monterey County Jail, brought this civil-rights action under 42 U.S.C. § 1983 against Sheriff Steve Benal, James Bass, Commander Lisa Bier, and Chaplain Robert Lingly at the Monterey County Sheriff’s Department. Section 1983 permits a person to seek relief for a violation of federal rights committed by someone acting under state law. Ellawendy had been allowed to proceed without paying filing fees. He originally filed the case without a lawyer, but a lawyer had recently appeared to represent him.

Screening and Claims

Because the case was filed by a former prisoner against government officials, the court conducted preliminary screening under 28 U.S.C. § 1915A. That screening requires the court to identify claims that may proceed and dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant.

The court concluded that the amended complaint stated claims that could proceed under the First Amendment and the Fourteenth Amendment’s Equal Protection Clause. Those claims are based on allegations that the defendants failed to provide Ellawendy with meals and a place to pray that complied with the requirements of his religion while he was housed at the Monterey County Jail.

Ruling

The court ordered the clerk to issue summonses and the United States Marshal to serve the amended complaint, its attachments, and the order on all four defendants without requiring advance payment of service fees. The defendants were ordered to file an answer under the Federal Rules of Civil Procedure. The court also granted Ellawendy’s motion for an extension of time to file an amended complaint. Judge William Alsup signed the order. The opinion determined only that the identified claims were sufficient to proceed past preliminary screening; it did not decide the ultimate merits of those claims.