United States District Court, D. Hawaii
ORDER DISMISSING COMPLAINT WITH LEAVE GRANTED TO
Derrick K. Watson, United States District Judge.
the Court is pro se Plaintiff Brandon J. Cuda's prisoner
civil rights Complaint. Cuda
names“Employees/Contractors/agents at or OCCC and or
Dept. Public Safety, ” whom he describes as “John
& Jane Does & Entities (1-10), ” as Defendants
in their official and individual capacities (collectively,
“Defendants”).Compl., ECF No. 1, PageID #1. Cuda
alleges Defendants violated his civil rights by housing him
in allegedly overcrowded condition at OCCC from November 1,
2018, until he filed the Complaint on February 15,
following reasons, the Complaint is dismissed with leave to
amend. Cuda's claims against DPS and OCCC, and for
injunctive relief fail to state a cognizable claim for relief
and are DISMISSED with prejudice.
allegations of overcrowding at OCCC state a plausible cause
of action. Cuda does not provide sufficient facts to explain
what John or Jane Does 1-10 did or failed to do that violated
his rights, however, as is required to proceed with a
pleading naming only Doe Defendant. Moreover, even if Cuda
can amend his claims to provide sufficient facts regarding
John and Jane Does' personal involvement with his claims,
his pleadings cannot be served until they are identified.
court performs a pre-answer screening of all prisoner and in
forma pauperis complaints pursuant to 28 U.S.C. §§
1915(e)(2) and 1915A(a). Byrd v. Phoenix Police
Dep't, 885 F.3d 639, 641 (9th Cir. 2018). Claims
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) (discussing §
1915(e)(2)); Rhodes v. Robinson, 621 F.3d 1002, 1004
(9th Cir. 2010) (discussing § 1915A(b)).
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);
Wilhelm v. Rotman, 680 F.3d 1108, 1121 (9th Cir.
2010). “Threadbare recitals of the elements of a cause
of action, supported by mere conclusory statements, do not
suffice.” Iqbal, 556 U.S. at 678. Detailed
factual allegations are not required, but a complaint must
allege enough facts to provide both “fair notice”
of the claim asserted and “the grounds upon which [that
claim] rests.” Bell Atl. Corp. v. Twombly, 550
U.S. 544, 555 & n.3 (2007) (citation and quotation marks
omitted); see also Iqbal, 556 U.S. at 555 (stating
Rule 8 pleading standard “demands more than an
unadorned, the-defendant-unlawfully- harmed-me
accusation”). The “mere possibility of
misconduct” falls short of meeting this standard.
Iqbal, 556 U.S. at 555; see also Moss v. U.S.
Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009).
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). Leave to amend must be granted if it appears the
plaintiff can correct the defects in the complaint.
Lopez, 203 F.3d at 1130. 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).
state a claim under 42 U.S.C. § 1983, a plaintiff must
allege two essential elements: (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 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 Social Servs., 436 U.S. 658
(1978); Rizzo v. Goode, 423 U.S. 362, 371-72, 377
alleges that he was housed in a two-man cell with three other
prisoners from November 1, 2018, until at least February 15,
2019, when he filed the Complaint. Cuda claims that he was
forced to sleep and eat on the floor this entire time, and
alleges that these overcrowded conditions resulted in
“physical altercations” with his cell mates.
Compl., ECF No. 1, PageID #5. Cuda has ulcerative colitis
which requires easy access to a toilet, which he alleges made
it particularly difficult for him to be housed in a two-man
cell with three other inmates. Cuda says that he has raised
these issues with prison officials multiple times, but
received no relief. He seeks damages and injunctive relief.
Eleventh Amendment Immunity
Eleventh Amendment bars suits for money damages in federal
court against a state, its agencies, and state officials
acting in their official capacities.” Aholelei v.
Dep't of Pub. Safety, 488 F.3d 1144, 1147 (9th Cir.
2007). An “official-capacity suit is, in all respects
other than name, to be treated as a suit against the
entity.” Kentucky v. Graham, 473 U.S. 159, 166
(1985); see also Brandon v. Holt, 469 U.S. 464,
471-72 (1985); Larez v. City of L.A., 946 F.2d 630,
646 (9th Cir. ...