Vera v. Warden

Background

William Vera, a prisoner who was representing himself, filed a civil-rights action under 42 U.S.C. § 1983. That law allows a person to sue for violations of federal rights by someone acting under state authority. The court reviewed the complaint under the prisoner-screening requirement in 28 U.S.C. § 1915A.

Vera’s allegations involved several facilities and defendants. He alleged that he received unsatisfactory treatment for gunshot wounds; experienced harsh conditions at Kern Valley State Prison (KVSP); was denied adequate mental-health treatment after seeking help from psychologist Bowman; received inadequate care at the Substance Abuse Treatment Facility at Corcoran (SATF); and encountered racially biased or xenophobic remarks and difficulties accessing mental-health services at Salinas Valley State Prison (SVSP).

SVSP Claims

The court dismissed all claims concerning SVSP without leave to amend. In other words, the court did not allow Vera to file an amended complaint concerning those claims.

Vera sued three SVSP correctional officers over their comments and their handling of access to mental-health services. The court held that verbal harassment and abuse, although unprofessional, did not state a claim under § 1983. It also found no specific allegation that racially motivated conduct was directed at Vera. Regarding the appointment requirement, the court concluded that Vera’s own allegations showed the officers were enforcing an appointment rule and that he was eventually able to obtain mental-health services. The court therefore found no unlawful conduct and no harm supporting the claim.

Vera also sued interpreter Luna, alleging that Luna inserted arguments into his conversations with mental-health professionals. The court dismissed that claim because the complaint showed Vera was able to communicate with his designated mental-health professional and did not identify an injury caused by Luna.

Vera sued social worker Leffler over allegedly telling him that he was okay even though his gunshot wounds had not been scanned. The court dismissed that claim because the complaint did not identify wrongful conduct by Leffler. The court noted that the wounds were initially treated in Reno, Nevada; that Leffler worked in Monterey County, California; and that Leffler was a social worker rather than a medical doctor.

Transfer of Remaining Claims

The court transferred Vera’s remaining claims concerning KVSP and SATF to the United States District Court for the Eastern District of California. Under the federal venue rule cited by the court, a case may be brought where the defendants reside or where the events occurred. Because KVSP and SATF are in the Eastern District of California, the court found venue proper there and not in the Northern District of California. The transfer was made under 28 U.S.C. § 1406(a), and the clerk was directed to transfer the matter.

Disposition

The court dismissed all claims against the SVSP defendants without leave to amend and transferred the remaining KVSP- and SATF-based claims to the Eastern District of California. Judge Edward M. Chen signed the order.