Lovell v. East Oakland Police Department

Background

David Anthony Lovell alleged that, after he was stabbed in the head on May 13, 2022, defendants failed to provide needed medical care. He alleged that Officers Lara and Tellez urged medical staff at Highland Hospital not to provide care, that a false disciplinary report claimed he had no injuries, that Officers Iniguez and Arzate kept him handcuffed while his arms were going numb, and that Dr. Cooper failed to provide adequate medical attention.

Lovell also named the East Oakland Police Department, Highland Hospital, Alameda County, the Alameda Sheriff, and Wellpath Medical Corporation as defendants.

Screening standard

Because Lovell was a prisoner seeking relief from governmental defendants, the court conducted a preliminary review under 28 U.S.C. § 1915A. This screening requires the court to identify claims that are frivolous, malicious, inadequately pleaded, or barred because they seek money from an immune defendant. The court also applied the rule that a complaint must contain enough factual matter to make liability plausible. A claim under 42 U.S.C. § 1983 requires an alleged violation of a federal right by a person acting under state law.

Claims against individual defendants

The court held that, when read liberally, Lovell stated cognizable Eighth Amendment claims for deliberate indifference to serious medical needs against Lara, Tellez, Iniguez, and Arzate. The court said Lovell could repeat those allegations in an amended complaint.

The court ruled that the allegation that a false report was filed did not, by itself, state a § 1983 claim. It noted that Lovell might be able to state a claim if he alleged facts showing that he was denied procedural fairness in the disciplinary hearing.

The court said the allegations against Dr. Cooper required more detail to proceed. Lovell had alleged only that Cooper deliberately withheld medical attention to save Wellpath money. The court explained that Lovell needed to identify the care he required and provide facts connecting Cooper’s specific acts or omissions to the alleged constitutional injury. The excerpt provided does not include the remainder of that instruction.

Claims against institutions and entities

The court dismissed the claims against the East Oakland Police Department, Highland Hospital, Alameda County, the Alameda Sheriff, and Wellpath Medical Corporation. It explained that Lovell had not connected the alleged conduct of the individual defendants to an institution or government agency. The court further stated that a local government cannot be held responsible merely because it employs someone who allegedly violated the Constitution; liability requires an official policy or custom that caused the violation.

Disposition

The order did not direct immediate service of the complaint. Instead, it gave Lovell until December 1, 2023, to file an amended complaint using the required caption, case number, and form. The court stated that, if he did not amend, it would order service of the current complaint only on the viable Eighth Amendment claims against Lara, Tellez, Iniguez, and Arzate. Judge William Orrick entered the order.