Pagaling v. Napa State Hospital

Background

Michael Joseph Pagaling, a state prisoner, filed a civil-rights complaint against Napa State Hospital, where the opinion says he was confined, and several employees. He alleged that, since arriving at the hospital in May 2015, he had been unable to attend craft groups, use a computer lab, or participate in other programs because his wheelchair could not access the relevant areas. He also alleged that he had been kept in Unit T-16 for five years and could not move to a full-discharge unit because his wheelchair did not fit and there were accessibility problems. He described himself as paraplegic, asserted disability discrimination against the hospital, and alleged gross negligence by staff members. He sought damages.

Screening and Claims

Because Pagaling was a prisoner seeking relief from a governmental entity and its employees, the court screened the complaint under 28 U.S.C. § 1915A. That statute requires dismissal of claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant. The court also said that claims by a person without a lawyer must be read liberally.

The court treated Pagaling’s disability-discrimination allegations as a claim under Title II of the Americans with Disabilities Act. It held that, read liberally, his allegations that he was denied access to hospital services and programs as a paraplegic were sufficient to state an ADA claim against Napa State Hospital.

The court ruled that gross negligence is not a claim under 42 U.S.C. § 1983, although it may be pursued under state law. The complaint did not contain factual allegations against the individually named Unit T-16 defendants—Supervisor John Simms, Nurse Almira, Nurse Ethelda, Nurse Roselle, Nurse Nelly, Precious, and Dr. Trihn—showing what each person did. The court therefore granted leave to amend so Pagaling could describe each defendant’s actions, including when and where they occurred and how they amounted to gross negligence.

Disposition of the Complaint

The court ordered that the complaint be dismissed with leave to amend. Pagaling was given 28 days from filing of the order to submit an amended complaint on the court’s form, using the case caption and number and marking the first page “AMENDED COMPLAINT.” The court explained that the amended complaint would replace the original, and that claims or defendants not included in it would no longer be part of the case.

The court also allowed Pagaling, as an alternative, to file a notice stating that he wished to remove the gross-negligence claims and proceed solely on the ADA claim against Napa State Hospital. Under that option, the other defendants would be dismissed from the action. If Pagaling did not respond as ordered, the gross-negligence claims would be dismissed for failure to state a claim, the individual Unit T-16 staff members would be dismissed, and the case would proceed on the ADA claim against Napa State Hospital.

Pending Motions

The court denied Pagaling’s motion for appointment of counsel for lack of exceptional circumstances. It found that he had filed coherent and organized papers and had provided no evidence creating a substantial question about his competence. The court also found no basis to appoint a guardian ad litem under Federal Rule of Civil Procedure 17(c), which concerns representation of an unrepresented minor or incompetent person.

The court denied the motion requesting information because the Clerk had already responded to that request on June 30, 2022. It denied the discovery motion as premature because the case had not yet been served on any defendant. The court stated that discovery could proceed after it ordered service. The opinion says Pagaling’s request to proceed without paying the filing fee would be addressed in a separate order.

Order

The complaint was dismissed with leave to amend. The motion for appointment of counsel was denied, the motion for information was denied, and the motion for discovery was denied. The order was signed by Beth Labson Freeman, United States District Judge.