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George Rowan, #A0221576 v. I.A. Larry Mayor

May 1, 2012

GEORGE ROWAN, #A0221576,
PLAINTIFF,
v.
I.A. LARRY MAYOR, KEONE MORREIRA, SARGENT FIELD, JOHN HALL, DEFENDANTS.



The opinion of the court was delivered by: Leslie E. Kobayashi United States District Judge

ORDER DIRECTING SERVICE OF THE COMPLAINT

Before the court is pro se Plaintiff George Rowan's first amended prisoner civil rights complaint ("FAC") brought pursuant to 42 U.S.C. § 1983. ECF #7. The FAC alleges that Halawa Correctional Facility ("HCF") Internal Affairs Officer Larry Mayor, Gang Intelligence Officer Sargent Field, Unit Manager Keone Morreira, and Adult Correctional Officer ("ACO") John Hall (collectively, "Defendants"), have ignored threats to Plaintiff's safety and retaliated against Plaintiff for reporting illegal contraband activities involving inmates and guards at the prison.

The court has screened the FAC pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915(A)(b)(1), finds that it adequately states a claim for relief, and that service of the summons and FAC is appropriate for Defendants Mayor, Field, Morreira, and Hall.

I. PLAINTIFF'S ALLEGATIONS

Plaintiff says that he was sexually assaulted by an inmate or inmates at the prison. ECF #7, FAC at 5. He informed the prison medical unit and was taken to Kapiolani Medical Center for Women and Children for treatment. Plaintiff says he then told Gang Intelligence Officer Field "about A.C.O.s and inmates that was doing elegal [sic] activities together."*fn1 FAC at 6. After Plaintiff spoke with Field, Plaintiff alleges that ACO Hall told inmates that Plaintiff had informed on them and the inmate attacks against him escalated. Id.

Plaintiff says he then spoke with Internal Affairs Officer Mayor and Unit Manager Morreira. FAC at 7. Plaintiff alleges that afterward, in addition to the inmate attacks increasing, his commissary requests were denied, his grievances and laundry were destroyed, and he was written up for disobeying orders. Plaintiff believes his life is in danger. See id., at 7. Plaintiff names Defendants in their official capacities and seeks injunctive relief only, in the form of a protective transfer to the Federal Detention Center ("FDC"), Honolulu.

II. DISCUSSION

"To sustain an action under section 1983, a plaintiff must show '(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that the conduct deprived the plaintiff of a federal constitutional or statutory right.'" Hydrick v. Hunter, 500 F.3d 978, 987 (9th Cir. 2007) (citation omitted), vacated and remanded on other grounds, 129 S. Ct. 2431 (2009); see also West v. Atkins, 487 U.S. 42, 48 (1988);

42 U.S.C. § 1983.

A. Threat to Plaintiff's Safety

To state a claim for threats to his safety, an inmate must allege facts showing that he was incarcerated under conditions posing a substantial risk of harm and that prison officials were "deliberately indifferent" to his safety. Farmer v. Brennan, 511 U.S. 825, 834 (1994); Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998); Redman v. County of Los Angeles, 942 F.2d 1435, 1443 (9th Cir. 1991) (en banc).

Accepting Plaintiff's allegations as true and construing them in the light most favorable to him, Plaintiff sufficiently alleges that Mayor, Field, and Morreira knew of a substantial risk to his safety and failed to take steps to protect him.

B. Retaliation

To state a retaliation claim under § 1983, a prisoner must demonstrate that (1) prison officials retaliated against him for exercising his constitutional right; and (2) the retaliatory action did not advance legitimate penological goals, such as the preservation of institutional order, discipline, security, or rehabilitation of prisoners. Rizzo v. Dawson, 778 F.2d 527, 532 (9th Cir. 1985); Pratt v. Rowland, 65 F.3d 802, 806-07 (9th Cir. 1995). Plaintiff sufficiently alleges ...


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