Mitchell v. Yochum
- William Orrick
- 3:23-cv-00461
- U.S. District Court · Northern District of California
- 6
In Mitchell v. Yochum, Judge Orrick screened a prisoner’s complaint, found an excessive-force claim plausible, ordered service, and granted Mitchell’s motion to serve.
Henry Moses Mitchell, also known as Henry C. Hayes, may continue pursuing his Eighth Amendment excessive-force claim against K. Yochum. Yochum must respond to the complaint, and the case proceeds to service and possible dispositive-motion practice.
What happened
In Mitchell v. Yochum, Henry Moses Mitchell, also known as Henry C. Hayes, alleged that correctional officer K. Yochum slammed a steel tray-port door into the left side of his head at Pelican Bay State Prison.
The court screened the complaint and found that Mitchell had stated a plausible claim that Yochum used excessive force in violation of the Eighth Amendment. The court ordered that the complaint be served and directed Yochum to file a motion addressing the claim or notify the court that such a motion would not be filed.
Judge Orrick also granted Mitchell’s motion to serve the complaint and set deadlines for any dispositive motion, Mitchell’s response, and Yochum’s reply. The court did not decide whether Mitchell will ultimately prevail.
The detailed version
- Mitchell v. Yochum · No. 3:23-cv-00461
- William Orrick
- June 8, 2023
Background
Henry Moses Mitchell, also known as Henry C. Hayes, alleged that on December 9, 2022, K. Yochum, a correctional officer at Pelican Bay State Prison, slammed a steel tray-port door into the left side of Mitchell’s head. Mitchell brought the action under 42 U.S.C. § 1983, which provides a cause of action for violating federal rights while acting under state law.
Screening decision
Because the case involved a governmental defendant, the court reviewed the complaint under 28 U.S.C. § 1915A. That screening process requires the court to identify claims that are legally sufficient and dismiss claims that are frivolous, malicious, inadequately pleaded, or barred because the defendant is immune from monetary relief.
The court liberally construed Mitchell’s allegations and held that he had stated a cognizable Eighth Amendment excessive-force claim against Yochum. The court did not decide the ultimate merits of that claim.
Orders
The court ordered service of the complaint and its attachments on Yochum through the California Department of Corrections and Rehabilitation’s electronic-service program, with United States Marshal Service procedures available if service was not waived. The court directed Yochum to file a summary-judgment motion or another dispositive motion concerning the cognizable claim by September 11, 2023. If Yochum challenged the claim based on failure to exhaust available administrative remedies, the court directed that challenge to be presented through a summary-judgment motion.
The court also set deadlines for Mitchell’s opposition and Yochum’s reply, allowed discovery under the Federal Rules of Civil Procedure, and provided instructions concerning communications, extensions of time, address changes, and the requirements for opposing summary judgment. Mitchell’s motion to serve the complaint was GRANTED, and the clerk was directed to terminate docket entry 5 and record that Mitchell is also known as Henry C. Hayes.
Judge William H. Orrick’s order advanced the case past initial screening but did not enter judgment on the excessive-force claim.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.