Joseph v. Tomovivie

Background

Tony Giovanni Joseph, described as a pretrial detainee at the Lafourshe Parish Correctional Complex in Thibodaux, Louisiana, filed a complaint without a lawyer seeking damages under 42 U.S.C. § 1983, a federal civil-rights statute. He alleged that an officer physically abused him with excessive force at Travis Air Force Base in Fairfield, California, and that correctional staff physically and sexually abused him at the San Francisco County Jail. He named only “Warden Tomovivie” as a defendant.

Earlier screening orders

On May 16, 2022, the court screened the complaint under 28 U.S.C. § 1915A. It dismissed without prejudice Joseph’s allegations concerning Travis Air Force Base, allowing him to bring those allegations in a separate action in the Eastern District of California. The court explained that the Travis allegations involved different claims and defendants from the San Francisco County Jail allegations.

The court allowed Joseph to amend his San Francisco County Jail allegations. It required him to provide specific dates and facts showing how the alleged abuse amounted to unconstitutional punishment, identify the correctional staff involved, and explain how each person caused the alleged constitutional violations. The court also explained that a warden or supervisor could not be held liable under § 1983 solely for being responsible for someone else’s actions or omissions. The court warned that failing to file a proper amended complaint within 28 days would result in dismissal.

Joseph did not file the required amended complaint. Instead, he filed a letter describing alleged abuse by unidentified officers. On June 22, 2022, the court found that the letter was not a complaint and lacked dates, further details, and the names of the officers. The court gave him another 28-day opportunity to amend and repeated its warning that failure to file a proper amended complaint would result in dismissal.

Ruling

Joseph again did not file a proper amended complaint. He filed another lengthy letter concerning alleged wrongdoing in Louisiana and California, but his allegations about the San Francisco County Jail again did not identify the officers or provide the required factual details.

The court dismissed the action without further leave to amend because Joseph twice failed to file a proper amended complaint within the designated time. The clerk was instructed to close the file. The order did not decide whether the alleged abuse occurred or whether it violated the Constitution.