Maldonado v. Passon

Background

Marciaz Maldonado, an inmate at California Substance Abuse Treatment Facility, filed a civil-rights action without a lawyer under 42 U.S.C. § 1983. He alleged that prison medical staff failed to treat his medical conditions and medically mistreated him while he was housed at Correctional Training Facility.

The original complaint named CTF Chief Medical Executive Steve Posson and three unidentified healthcare providers. Maldonado alleged that, after he slipped on water on June 27, 2022, and broke his hand and fractured his knee, he continued to suffer pain without receiving medical care or medication. He asserted that the defendants’ conduct violated the Eighth Amendment and the Tort Claims Act and constituted negligence and intentional infliction of emotional and physical pain.

The court had previously dismissed the original complaint with leave to amend because it did not connect any defendant to a specific action or inaction violating federal or state law or a constitution. The court also noted that exhibits contradicted Maldonado’s allegation that he had not received adequate medical care.

Amended Complaint and Screening

The amended complaint named Doctors Kalesher, Rios, and Posson. The court reviewed it under the prisoner-screening statute, 28 U.S.C. § 1915A. That review requires the court to identify claims that may proceed and dismiss claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant.

The court found two defects. First, the amended complaint did not identify any federal law or constitutional provision that had been violated. Second, it did not identify any action or inaction by Doctors Kalesher, Rios, or Posson that harmed Maldonado. The complaint generally stated that prison medical staff failed to treat or medically mistreated him, but it did not specify what each named defendant did or failed to do.

Ruling

The court dismissed the amended complaint for failure to state a claim and granted Maldonado leave to file a second amended complaint. The second amended complaint must identify what each named prison official did or failed to do that harmed him and identify the federal law or constitutional provision allegedly violated.

Maldonado was ordered to file the second amended complaint within 28 days of the order. It must use the caption and civil case number specified in the order and include the words “SECOND AMENDED COMPLAINT” on the first page. The order states that an amended complaint replaces the earlier complaint, so Maldonado must include all claims and defendants he wishes to present and may not incorporate material from the earlier complaints by reference. Failure to file a compliant second amended complaint on time will result in dismissal of the action without further notice.