Benson v. San Francisco County Jail 3

Background

Isriel Isaac Lee Benson, proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983 against San Francisco County Jail #3. He alleged that, in December 2021, he was not allowed to shower for “close to two weeks” after arriving at the jail. He alleged that the denial violated state regulations.

Screening and Legal Analysis

Because Benson was a prisoner seeking relief from a governmental entity, the court screened the complaint under 28 U.S.C. § 1915A. The court explained that screening requires dismissal of claims that are frivolous, malicious, fail to state a claim for relief, or seek money from an immune defendant. To state a claim under § 1983, a plaintiff must allege a violation of a right protected by the Constitution or federal law and action by a person acting under state authority.

The court held that an alleged violation of state law, by itself, did not establish a federal claim. It also held that the alleged denial of showers did not violate the Eighth Amendment under the circumstances alleged. Although the court said that allowing a prisoner to go almost two weeks without a shower should not be accepted as a jail practice, it concluded that this single incident did not rise to the level of a constitutional violation.

Exhaustion Reminder

The court stated that Benson’s current claims were unexhausted and reminded him that the Prison Litigation Reform Act requires prisoners to complete available administrative remedies before filing a federal action concerning prison conditions. The court described this exhaustion requirement as mandatory. The court’s stated basis for dismissal, however, was failure to state a claim for relief.

Disposition

The court dismissed the complaint for failure to state a claim for relief because no federal claim had been stated or could be stated on the allegations. It found that amendment would be futile, directed the Clerk to enter judgment in favor of the defendant, and ordered the file closed.