Taylor v. Waters

Background

Cody R. Taylor, a California prisoner proceeding without an attorney, filed a civil-rights action under 42 U.S.C. § 1983. The complaint named five officials at Pelican Bay State Prison: Associate Warden Bell, Captain Perry, Sergeant Puente, Chief Engineer R. Waters, and Correctional Officer Ater/Velasquez. A separate order granted Taylor permission to proceed without paying the filing fee.

Taylor alleged that he experienced freezing temperatures, mold, and inadequate bedding while held in solitary confinement in the prison’s Short-Term Restricted Housing Unit. He alleged that the conditions were not improved and that he was not moved to another cell despite repeated complaints. According to the complaint, Waters, Ater/Velasquez, and Puente caused the conditions or failed to correct them. Taylor also alleged that Bell, Perry, and Puente knew about the conditions, failed to correct them, inadequately supervised employees, and failed to create adequate procedures for reporting and fixing problems in the unit.

Screening standard and claims

Because Taylor sought relief against prison officials, the court conducted the preliminary screening required by 28 U.S.C. § 1915A. Under that law, the court must identify claims that can be heard and decided, or dismiss claims that are frivolous, malicious, fail to state a claim for relief, or seek money from an immune defendant. The court also said that complaints filed without an attorney must be read liberally.

The court explained that a claim under § 1983 requires an alleged violation of a right secured by the Constitution or federal law and an alleged violation by someone acting under state authority. Reading Taylor’s allegations liberally, the court concluded that they stated claims that were capable of being judicially heard and decided against the defendants for violating the Eighth Amendment. The order did not make a final determination that the alleged violations occurred or that Taylor was entitled to relief.

Order

The court ordered that Bell, Perry, Puente, Waters, and Ater/Velasquez be served at Pelican Bay State Prison through the California Department of Corrections and Rehabilitation’s electronic-service program for prisoner civil-rights cases. The order described procedures for reporting which defendants would waive service and for serving any defendants who did not waive service.

To expedite the case, the court ordered the defendants to file a summary-judgment motion or another dispositive motion by August 11, 2023, with supporting factual materials and records related to the events at issue. Taylor’s opposition, if any, was due September 11, 2023, and the defendants’ reply was due September 25, 2023. The court stated that the motion would be submitted on the reply deadline unless it later ordered a hearing. The court also permitted discovery under the Federal Rules of Civil Procedure and directed Taylor to keep the court informed of any address change and comply with court orders.