United States District Court, W.D. Washington, Tacoma
ORDER TO SHOW CAUSE OR AMEND COMPLAINT
Richard Creatura United States Magistrate Judge
Coleman E. Calloway, proceeding pro se and in
forma pauperis, filed this civil rights complaint under
42 U.S.C. § 1983. Plaintiff alleges his constitutional
rights were violated when he was pepper sprayed and placed in
segregation after refusing to follow the directions of a
corrections officer, defendant Gill. Having reviewed and
screened plaintiff's complaint under 28 U.S.C. §
1915A, the Court declines to serve plaintiff's complaint
because plaintiff has yet to plead sufficient facts to
demonstrate that defendants violated his constitutional
rights. However, the Court provides plaintiff leave to file
an amended pleading by January 4, 2020, to cure the
deficiencies identified herein.
complaint, plaintiff, who is currently housed at Coyote Ridge
Corrections Center (“CRCC”), alleges that
defendant Gill retaliated against him and used excessive
force, and he was subjected to inhumane conditions of
confinement. Dkt. 6.
alleges that on November 11, 2017, defendant Gill announced a
directive over the speaker system that plaintiff did not
understand. Dkt. 6 at 3. Plaintiff alleges that he approached
the officers' station and asked defendant Gill for
clarification of the directive. Id. Plaintiff
alleges that defendant Gill stated, “I do not want
those offenders standing there watching the game.”
Id. Plaintiff alleges that he responded by saying
that “sex offenders cannot sit down and watch T.V. so
could you give them a [break] and let them watch the game
it's Thanksgiving!” Id.
alleges that defendant Gill became aggravated which plaintiff
assumed was because plaintiff didn't feel the same way
towards sex offenders as defendant Gill. Id.
Plaintiff alleges that defendant Gill accused plaintiff of
being argumentative. Id. Plaintiff responded that he
was not arguing and began to “retreat.”
Id. Plaintiff alleges that defendant Gill demanded
that plaintiff “cell up.” Id. Plaintiff
asked defendant Gill what he had done wrong. Id.
Plaintiff alleges that defendant Gill
“aggressively” yelled “cell up or cuff
alleges that he said “I don't know what is going on
with you. But I want to talk with Sgt. Todd.”
Id. at 3. Plaintiff alleges that defendant Gill then
became “enraged” and started yelling, swearing,
and cursing. Id. Plaintiff alleges that he ran away
towards Sgt. Todd. Id. Plaintiff alleges that
defendant Gill then attacked plaintiff by spraying him with
pepper spray. Id.
alleges that he was placed in segregation where he was abused
and degraded. Id. Plaintiff alleges that he was
stripped down and sprayed with ice cold water which caused
“serious burning.” Id. at 3-4. Plaintiff
alleges that pepper spray got into his eyes and caused an ear
ache. Id. at 4. Plaintiff alleges that he suffers
psychological damage, has lived in fear for the last two
years, and has become reclusive. Id.
seeks monetary damages. Dkt. 6.
the Prison Litigation Reform Act of 1995
(“PLRA”), the Court is required to screen
complaints brought by prisoners seeking relief against a
governmental entity or officer or employee of a governmental
entity. 28 U.S.C. § 1915A(a). The Court must
“dismiss the complaint, or any portion of the
complaint, if the complaint: (1) is frivolous, malicious, or
fails to state a claim upon which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from
such relief.” Id. at (b); 28 U.S.C. §
1915(e)(2); see Barren v. Harrington, 152 F.3d 1193
(9th Cir. 1998).
order to state a claim for relief under 42 U.S.C. §
1983, a plaintiff must sufficiently allege that: (1) he
suffered a violation of rights protected by the Constitution
or created by federal statute, and (2) the violation was
proximately caused by a person acting under color of state
law. See Crumpton v. Gates, 947 F.2d 1418, 1420 (9th
Cir. 1991). The first step in a § 1983 claim is
therefore to identify the specific constitutional right
allegedly infringed. Albright v. Oliver, 510 U.S.
266, 271 (1994). To satisfy the second step, a plaintiff must
allege facts showing how individually named defendants
caused, or personally participated in causing, the harm
alleged in the complaint. See Arnold v. IBM, 637
F.2d 1350, 1355 (9th Cir. 1981).
complaint does not sufficiently allege these claims, which
will result in dismissal of his case if not corrected in an