Gaines v. De La Fuente

Background

Jacobi Gaines, a detainee proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983. The court had allowed him to proceed without prepaying filing fees. Gaines alleges that Deputy K. De La Fuente approached him on February 9, 2021, grabbed his arm, and slammed him into a table. He further alleges that De La Fuente punched him several times in the face and forehead, struck his stomach with a knee, and kicked his stomach. The opinion states that Gaines appears to have been a pretrial detainee.

Screening and claim

The court explained that federal law requires an initial review of complaints filed by prisoners or detainees seeking relief from government entities or officials. At that stage, the court must identify claims that can proceed and dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. For an excessive-force claim by a pretrial detainee, the question is whether the force was purposely or knowingly used and was objectively unreasonable under the circumstances.

The court identified Gaines’s allegations as a claim against De La Fuente. It did not make a final finding about what happened, whether the force was objectively unreasonable, or whether Gaines is entitled to relief.

Order

The court ordered the Clerk to issue a summons and the United States Marshal to serve De La Fuente, without prepayment of fees, with the complaint, attachments, and order at Santa Rita County Jail.

The court ordered De La Fuente to file a summary-judgment motion or another dispositive motion no later than 60 days after service. Any such motion must include adequate factual support and relevant records and incident reports. If De La Fuente believes the case cannot be resolved by such a motion, De La Fuente must inform the court before the motion deadline.

Gaines’s opposition, if any, is due 30 days after the motion is served. Any reply is due 15 days after the opposition is served. No hearing will occur unless the court later orders one. The court allowed discovery under the Federal Rules of Civil Procedure and required Gaines to serve copies of his court filings on De La Fuente or counsel. The order also states that Gaines must prosecute the case, report any address change, and comply with court orders; failure to do so may lead to dismissal for failure to prosecute.

Judge Robert M. Illman’s order allowed the excessive-force claim to proceed to service and further litigation. It did not enter judgment on the merits.