Cavazos v. Ambriz
- Lin
- 5:23-cv-01815
- U.S. District Court · Northern District of California
- 6
In Cavazos v. Ambriz, Judge Lin allowed two Eighth Amendment claims to proceed past prisoner screening and ordered service and defense responses.
Robert Cavazos and correctional officers Ambriz and Gasca; the order allows Cavazos’s two pleaded claims to proceed past screening and requires the defendants to respond.
What happened
Robert Cavazos, a prisoner proceeding without a lawyer, alleged that correctional officers Ambriz and Gasca violated his constitutional rights at Salinas Valley State Prison. He said Ambriz used excessive force and Gasca prevented him from attending medical and psychiatric appointments.
The court found that the complaint stated a plausible Eighth Amendment excessive-force claim against Ambriz and a deliberate-indifference claim against Gasca. It ordered the complaint served and directed the defendants to file a summary-judgment motion or another motion addressing the claims by May 1, 2024.
Judge Rita F. Lin’s order was a preliminary screening and case-management ruling, not a final decision on whether Cavazos will win. The case would continue under the deadlines and service instructions in the order.
The detailed version
- Cavazos v. Ambriz · No. 5:23-cv-01815
- Lin
- Jan. 30, 2024
Background
Robert Cavazos filed a complaint under 42 U.S.C. § 1983, a statute that allows a person to seek relief for violations of federal rights by someone acting under state authority. The complaint concerned two correctional officers at Salinas Valley State Prison: Ambriz and Gasca. Cavazos was proceeding without a lawyer.
The court reviewed the complaint under 28 U.S.C. § 1915A, which requires federal courts to screen prisoner complaints against government entities or officers. At this stage, the court must identify claims that are legally sufficient and dismiss claims that are frivolous, malicious, inadequately pleaded, or barred by immunity.
Claims the Court Found Cognizable
Cavazos alleged that Ambriz used excessive force against him on April 13, 2022. The court found that these allegations stated a cognizable Eighth Amendment excessive-force claim against Ambriz.
Cavazos separately alleged that, a few days after April 13, Gasca refused to let him attend a medical appointment for injuries from the first incident and a psychiatric appointment. The court found that these allegations stated a cognizable Eighth Amendment deliberate-indifference claim against Gasca.
A finding that a claim is “cognizable” means the complaint may proceed past the initial screening stage. It does not decide whether the allegations are true or whether Cavazos will ultimately prevail.
Orders and Deadlines
The court ordered service of the complaint and its attachments on Ambriz and Gasca through the California Department of Corrections and Rehabilitation’s electronic-service program for prisoner civil-rights cases. It also provided procedures for service waivers and, if necessary, service by the United States Marshals Service.
By May 1, 2024, the defendants were required to file a motion for summary judgment or another dispositive motion addressing the claims found cognizable. A motion based on failure to exhaust available administrative remedies had to be filed as a summary-judgment motion. The order also set deadlines for Cavazos’s opposition and the defendants’ reply, and permitted discovery under the Federal Rules of Civil Procedure.
The order reminded Cavazos of his responsibility to prosecute the case, keep the court informed of address changes, comply with court orders, and seek extensions before deadlines with a showing of good cause. It also required the defendants to provide notice explaining how to oppose any summary-judgment motion.
Disposition
The court ordered service and directed the defendants to respond to the two cognizable claims. It did not enter judgment on the claims or decide whether Ambriz or Gasca violated Cavazos’s rights. The order is classified as a procedural order because it resulted from mandatory prisoner-complaint screening and set the case’s next steps without resolving the merits.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.