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Sharrott v. Halawa Prison Ada Compliance Team

United States District Court, D. Hawaii

January 14, 2019

KRISTOPHER MICHAEL SHARROTT, #A4020207, Plaintiff,
v.
HALAWA PRISON ADA COMPLIANCE TEAM, et al., Defendants.

          ORDER (1) DISMISSING COMPLAINT WITH LEAVE TO AMEND AND (2) DENYING MOTION FOR APPOINTMENT OF COUNSEL

          Michael Seabright, Chief United States District Judge

         Before the court is pro se Plaintiff Kristopher Michael Sharrott's prisoner civil rights Complaint brought pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, et seq. Compl., ECF No. 1. Sharrott alleges that the Halawa Correctional Facility (HCF) “ADA Compliance team, ” Medical Administrator Dr. Mee, the State of Hawaii, John and Jane Does 1-20, HCF Medical unit supervisors and staff (collectively, Defendants) violated state and federal law when they failed to provide an “ADA Code” shower at HCF, allegedly causing him to slip, fall, and injure himself.

         For the following reasons, the Complaint is DISMISSED pursuant to 28 U.S.C. §§ 1915(e) and 1915A(a), with leave granted to amend.

         I. STATUTORY SCREENING

         The court must conduct a pre-Answer screening of all prisoners' pleadings pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A(a). Claims or complaints that are frivolous, malicious, fail to state a claim for relief, or seek damages from defendants who are immune from suit must be dismissed. See Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc); Rhodes v. Robinson, 621 F.3d 1002, 1004 (9th Cir. 2010).

         Screening under §§ 1915(e)(2) and 1915A(b) involves the same standard of review as that used under Federal Rule of Civil Procedure 12(b)(6). See Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012); Wilhelm v. Rotman, 680 F.3d 1113, 1121 (9th Cir. 2012). Under Rule 12(b)(6), a complaint must “contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotation marks omitted). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. The “mere possibility of misconduct” or an “unadorned, the defendant-unlawfully-harmed me accusation” falls short of meeting this plausibility standard. Id. at 678-79; see also Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009).

         Rule 8(a)(2) of the Federal Rules of Civil Procedure “requires only ‘a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to ‘give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). “Specific facts are not necessary; the statement [of facts] need only ‘give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'” Erickson v. Pardus, 551 U.S. 89, 93 (2007) (quoting Bell Atl., 550 U.S. at 555 (citations and internal quotations marks omitted). Under this standard, the court must accept as true the allegations of the complaint, Erickson, 551 U.S. at 94, and construe the pleading in the light most favorable to the plaintiff, Scheuer v. Rhodes, 416 U.S. 232, 236 (1974), overruled on other grounds by Davis v. Scherer, 468 U.S. 183 (1984).

         Pro se litigants' pleadings must be liberally construed and all doubts should be resolved in their favor. Hebbe v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (citations omitted). The court must grant leave to amend if it appears the plaintiff can correct the defects in the complaint, Lopez, 203 F.3d at 1130, but if a claim or complaint cannot be saved by amendment, dismissal with prejudice is appropriate. Sylvia Landfield Tr. v. City of L.A., 729 F.3d 1189, 1196 (9th Cir. 2013).

         II. BACKGROUND [1]

         Sharrott alleges that Defendants violated the ADA when they negligently failed to ensure that the HCF shower unit was “up to code (ADA code).” Compl., ECF No. 1, PageID #6 (Count I). Sharrott asserts that the ADA requires curbless entries and exits for prison showers and that HCF has only an allegedly noncompliant tiled ramp. He says the ramp is slippery and lacks grip tape; he claims that he fell exiting the shower on an unidentified date and is “permanently injured ” because of this allegedly noncompliant shower. Id., PageID #7-8.

         Sharrott names all Defendants in their individual and official capacities and seeks “[a]ll relief possible, ” including requiring HCF to comply with the ADA and punitive damages. Id., PageID #9.

         III. DISCUSSION

         To state a claim under § 1983, a plaintiff must allege: (1) that a right secured by the Constitution or laws of the United States was violated, and (2) that the alleged violation was committed by a person acting under the color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988). A person deprives another of a constitutional right, “within the meaning of § 1983, ‘if he does an affirmative act, participates in another's affirmative act, or omits to perform an act which he is legally required to do that causes the deprivation of which complaint is made.'” Preschooler II v. Clark Cty. Sch. Bd. of Trs., 479 F.3d 1175, 1183 (9th Cir. 2007) (quoting Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978)).

         A plaintiff must also allege that he suffered a specific injury as a result of a particular defendant's conduct and an affirmative link between the injury and the violation of his rights. See Monell v. Dep't of Soc. Servs., 436 U.S. 658, 692 (1978); Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976).

         A. ADA

         1. ADA ...


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