Williams v. Salvucci

Background

Marquise D. Williams, who was detained at Orange County Jail, brought this self-represented action under 42 U.S.C. § 1983. He alleged that the defendants failed to protect him from a serious risk of harm. The court had previously granted him permission to proceed without prepaying filing fees, a status commonly called proceeding in forma pauperis.

Screening of the Claims

Under the Prison Litigation Reform Act, the court was required to review the complaint and dismiss any claim that was frivolous, malicious, failed to state a legally sufficient claim, sought money from an immune defendant, or fell outside the court’s subject-matter jurisdiction. The court also had to read a self-represented plaintiff’s allegations liberally, while requiring enough facts to make liability plausible.

The court explained that a defendant generally must have been personally involved in the alleged constitutional violation to be liable under Section 1983. A supervisor cannot be held liable merely because someone who violated the plaintiff’s rights worked under that supervisor. The court also explained that an official-capacity claim against county officials requires allegations that a county policy or custom caused the violation.

Williams did not allege facts showing how Sheriff Carl Dubois, Undersheriff Kenneth T. Johnson, or “Orange County Jail Colonel Mele” were personally involved in the events. He also did not allege facts showing that an Orange County policy or custom caused a violation. The court therefore dismissed the claims against Dubois, Johnson, and Mele for failure to state a claim.

Service and Discovery

Because Williams was allowed to proceed without prepaying fees, the court ordered the Clerk of Court and the U.S. Marshals Service to prepare and serve the complaint on Correction Officer Salvucci, Badge #531, and Sergeant Cimorelli. The court extended the service period to 90 days after the summonses were issued. It stated that Williams should ask for more time if service was not completed within that period.

The court applied Local Civil Rule 33.2. Under that rule, the defendants must serve responses to the specified prisoner-case interrogatories and document requests within 120 days after service of the complaint, quoting each request verbatim in their responses.

Order

The court ordered service on Salvucci and Cimorelli, dismissed the claims against Dubois, Johnson, and Mele, and directed that a copy of the order and an information package be mailed to Williams. Williams was required to notify the court in writing if his address changed. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

The caption identifies one defendant as “Kenneth T. Jones,” while the discussion and conclusion identify that defendant as “Kenneth T. Johnson.”