Burton v. Silva

Background

Derek Tyrone Burton, a prisoner at the R.J. Donovan Correctional Facility, filed this lawsuit without a lawyer under 42 U.S.C. § 1983, which allows claims for violations of federal rights by state actors. The case concerned an incident at Salinas Valley State Prison. Burton amended his complaint before the court conducted its required screening.

Burton alleged that he has a mobility impairment that prevents him from climbing stairs. He normally traveled in a van equipped with a lift and used a cane. On September 6, 2019, he told Sergeant Gomez and Correctional Officers C. T. Silva and Reamer that he needed transportation by van rather than bus. After Nurse Villanueva confirmed his medical restriction and informed the defendants, Burton alleged that the defendants nevertheless ordered him to board a bus and threatened discipline and confiscation of his property if he refused.

Burton alleged that he crawled up the bus steps on his hands and knees while the defendants provided no assistance. When he later tried to leave the bus, his left foot popped and his left leg gave way. He alleged that he was injured and afterward required physical therapy and permanent ankle and foot support.

Screening and alleged claim

Because Burton sought relief from governmental employees while imprisoned, the court reviewed the amended complaint 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 explained that an Eighth Amendment deliberate-indifference claim involving prison safety requires allegations of an objectively serious deprivation and that the official knew of and disregarded a substantial risk of serious harm. The court found that Burton sufficiently alleged such a claim. It relied on his allegations that a doctor-recognized medical need required him to avoid stairs, that all three defendants were informed of that need and received confirmation from a nurse, and that they still required him to climb the bus stairs.

Ruling and next steps

The court ordered Sergeant Gomez and Correctional Officers Silva and Reamer to be served. Service was to proceed through the California Department of Corrections and Rehabilitation’s electronic-service program for prisoner civil-rights cases, with the United States Marshals Service handling service for defendants who did not waive service.

The order established deadlines for dispositive motions, Burton’s opposition, and defendants’ replies. It also explained the requirements for opposing a future summary-judgment motion, authorized discovery under the federal rules, and warned Burton that failing to prosecute the case or comply with court orders could result in dismissal for failure to prosecute. The court did not enter a final judgment on Burton’s claim.