1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BASILIO TREVON SIMS, No. 2:25-cv-2849 SCR P 12 Plaintiff, 13 v. ORDER 14 SACRAMENTO COUNTY, et al., 15 Defendants. 16 17 Plaintiff is incarcerated in state prison and proceeds pro se with this civil rights action 18 under

. Plaintiff’s first amended complaint (“FAC”) is before the undersigned 19 for screening under 28 U.S.C. § 1915A. (ECF No. 5.) For the reasons set forth below, the 20 undersigned finds that plaintiff’s FAC fails to state any cognizable claims for relief. Plaintiff will 21 be given leave to file an amended complaint. 22 IN FORMA PAUPERIS 23 Plaintiff has requested leave to proceed without paying the full filing fee for this action, 24 under

. (ECF No. 2.) Plaintiff has submitted a declaration showing that he 25 cannot afford to pay the entire filing fee. See

(a)(2). Accordingly, plaintiff’s 26 motion to proceed in forma pauperis is granted. This means that plaintiff is allowed to pay the 27 $350.00 filing fee in monthly installments that are taken from the inmate’s trust account rather 28 than in one lump sum.

(a). As part of this order, the prison is required to 1 remove an initial partial filing fee from plaintiff’s trust account. See

(b)(1). A 2 separate order directed to CDCR requires monthly payments of twenty percent of the prior 3 month’s income to be taken from plaintiff’s trust account. These payments will be taken until the 4 $350 filing fee is paid in full. See

(b)(2). 5 STATUTORY SCREENING 6 The court is required to screen complaints brought by prisoners seeking relief against “a 7 governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). In 8 performing this screening function, the court must dismiss any claim that “(1) is frivolous, 9 malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief 10 from a defendant who is immune from such relief.” Id. § 1915A(b). A claim is legally frivolous 11 when it lacks an arguable basis either in law or in fact. Neitzke v. Williams,

, 325 12 (1989). The court may dismiss a claim as frivolous if it is based on an indisputably meritless 13 legal theory or factual contentions that are baseless. Neitzke,

. The critical 14 inquiry is whether a constitutional claim, however inartfully pleaded, has an arguable legal and 15 factual basis. See Jackson v. Arizona,

(9th Cir. 1989). 16 In order to avoid dismissal for failure to state a claim a complaint must contain more than 17 “naked assertions,” “labels and conclusions” or “a formulaic recitation of the elements of a cause 18 of action.” Bell Atlantic Corp. v. Twombly,

(2007). In other words, 19 “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory 20 statements do not suffice.” Ashcroft v. Iqbal,

(2009). A claim upon which the 21 court can grant relief has facial plausibility. Twombly,

. “A claim has facial 22 plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable 23 inference that the defendant is liable for the misconduct alleged.” Iqbal,

. When 24 considering whether a complaint states a claim, the court must accept the allegations as true, 25 Erickson v. Pardus,

(2007), and construe the complaint in the light most 26 favorable to the plaintiff, Scheuer v. Rhodes,

(1974). 27 PLAINTIFF’S FAC 28 The events underlying the FAC occurred at Sacramento County Jail on April 2, 2021. 1 (ECF No. 5 at 3.) The complaint names two defendants, the Sacramento County Sheriff’s 2 Department and Sacramento County. (Id. at 1.) Plaintiff alleges he was assaulted and subjected 3 to excessive force by an unnamed officer during intake/booking. The officer threw plaintiff to the 4 ground, jumped on top of him, and twisted his limbs. The incident was caught on camera. 5 Plaintiff claims officials lied in the report and said he was uncooperative. (Id.) He alleges that 6 Shane Spence of Internal Affairs illegally closed the case. Plaintiff states he was denied medical 7 attention and suffered sore limbs and emotional distress. He seeks $4.4 million in damages. 8 LEGAL STANDARDS 9 I.

10 A plaintiff may bring an action under

to redress violations of “rights, 11 privileges, or immunities secured by the Constitution and [federal] laws” by a person or entity, 12 including a municipality, acting under the color of state law.

. To state a claim 13 under

, a plaintiff must show that (1) a defendant acting under color of state law 14 (2) deprived plaintiff of rights secured by the Constitution or federal statutes. Benavidez v. 15 County of San Diego,

(9th Cir. 2021). 16 II. Linkage 17 Section 1983 requires that there be an actual connection or link between the actions of the 18 defendants and the deprivation alleged to have been suffered by plaintiff. See Monell v. 19 Department of Social Services,

(1978); Rizzo v. Goode,

, 370-71 20 (1976). Plaintiff may demonstrate that connection by alleging facts showing: (1) a defendant's 21 “personal involvement in the constitutional deprivation,” or (2) that a defendant set “in motion a 22 series of acts by others” or “knowingly refus[ed] to terminate a series of acts by others, which 23 [the defendant] knew or reasonably should have known would cause others to inflict a 24 constitutional injury.” Starr v. Baca,

(9th Cir. 2011) (quotation marks 25 and citation omitted). In other words, “[a] person ‘subjects’ another to the deprivation of a 26 constitutional right, within the meaning of section 1983, if he does an affirmative act, participates 27 in another's affirmative acts or omits to perform an act which he is legally required to do that 28 causes the deprivation of which complaint is made.” Johnson v. Duffy,

, 743 (9th 1 Cir. 1978) (citation omitted). 2 III. Municipal Liability 3 Municipalities are considered “persons” under

and therefore may be 4 liable for causing a constitutional deprivation. Monell,

; Long v. County of 5 Los Angeles,

(9th Cir. 2006). However, municipalities cannot be held 6 vicariously liable under § 1983 for the actions of their employees. Monell,

. 7 “Instead, it is when execution of a government’s policy or custom, whether made by its 8 lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts 9 the injury that the government as an entity is responsible under § 1983.” Id. at 694. 10 To properly plead a Monell claim based on an unconstitutional custom, practice, or policy, 11 plaintiff must show that the government “had a deliberate policy, custom, or practice that was the 12 moving force behind the constitutional violation [plaintiff] suffered.” AE ex rel. Hernandez v. 13 County of Tulare,

(9th Cir. 2012) (quotation marks and citation omitted). 14 Plaintiff must also show that the policy or custom of the government “reflects deliberate 15 indifference” to plaintiff’s constitutional rights. Castro v. County of Los Angeles,

, 16 1073 (9th Cir. 2016) (en banc) (quotation marks and citation omitted). Unless the challenged 17 policy is in writing, the municipal policy at issue must be the result of a “‘longstanding practice 18 or custom which constitutes the standard operating procedure of the local government entity.’” 19 Price v. Sery,

(9th Cir. 2008) (quoting Ulrich v. City & Cnty. of San Francisco, 20

(9th Cir. 2002) (quotation omitted)). 21 DISCUSSION 22 I. Failure to State a Claim 23 Because the alleged use of force occurred during intake, the undersigned construes the 24 FAC as alleging excessive force in violation of the Fourteenth Amendment. See Castro,

at 1069-70 (Pretrial detainees’ excessive force claims “arise under the Fourteenth Amendment’s 26 Due Process Clause.”). However, as explained in the Legal Standards section above, municipal 27 defendants like the Sacramento County Sheriff’s Department and Sacramento County cannot be 28 held vicariously liable under § 1983 for the actions of their employees. Monell,

. 1 In other words, plaintiff’s claims against defendants cannot proceed just because one of their 2 employees allegedly used excessive force. Instead, § 1983 requires plaintiff to identify a policy 3 or custom of defendants’ that was the moving force behind the alleged violation of his 4 constitutional rights. Plaintiff’s FAC does not identify such a custom or policy. Further, while § 5 1983 permits Fourteenth Amendment excessive force claims against “persons” acting under color 6 of state law, plaintiff’s complaint does not identify the officer who allegedly used to excessive. 7 For these reasons, the undersigned finds that plaintiff’s FAC does not state any claims for relief. 8 II. Leave to Amend 9 Having conducted the screening required by 28 U.S.C. § 1915A, the court finds that the 10 FAC does not state any valid claims for relief against either of the two municipal defendants, 11 Sacramento County Sheriff’s Department of the County of Sacramento. Because of the defects 12 discussed above, the undersigned will not order the complaint to be served on defendants. 13 Plaintiff may try to fix these problems by filing an amended complaint. In deciding 14 whether to file an amended complaint, plaintiff is advised to consider the relevant legal standards 15 governing his potential claims for relief that are attached to this order. See Attachment A. 16 If plaintiff chooses to file an amended complaint, he must demonstrate how the conditions 17 about which he complains resulted in a deprivation of his constitutional rights. Rizzo,

370-71. The complaint must also allege in specific terms how each named defendant is involved. 19 Arnold v. Int’l Bus. Machs. Corp.,

(9th Cir. 1981). There can be no liability 20 under

unless there is some affirmative link or connection between a defendant’s 21 actions and the claimed deprivation. Id.; Johnson v. Duffy,

(9th Cir. 1978). 22 Furthermore, “[v]ague and conclusory allegations of official participation in civil rights violations 23 are not sufficient.” Ivey v. Bd. of Regents,

(9th Cir. 1982) (citations omitted). 24 Plaintiff is also informed that the court will not refer to a prior pleading in order to make 25 his amended complaint complete. Local Rule 220 requires that an amended complaint be 26 complete in itself without reference to any prior pleading. This is because, as a general rule, an 27 amended complaint supersedes any prior complaints. Loux v. Rhay,

(9th Cir. 28 1967) (citations omitted). Once plaintiff files an amended complaint, any previous complaint no 1 | longer serves any function in the case. Therefore, in an amended complaint, as in an original 2 || complaint, each claim and the involvement of each defendant must be sufficiently alleged. 3 CONCLUSION 4 In accordance with the above, IT IS HEREBY ORDERED that: 5 1. Plaintiffs request for leave to proceed in forma pauperis (ECF No. 2) is GRANTED. 6 2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff 7 || is assessed an initial partial filing fee in accordance with the provisions of

| 1915(b)(1). All fees shall be collected and paid in accordance with this court’s order to the 9 || appropriate agency filed concurrently herewith. 10 3. Plaintiff's complaint fails to state a claim upon which relief may be granted, see 28 11 | U.S.C. § 1915A, and will not be served. 12 4. Within thirty days from the date of service of this order, plaintiff may file an amended 13 || complaint that complies with the requirements of the

, the Federal Rules of Civil 14 || Procedure, and the Local Rules of Practice. The amended complaint must bear the docket 15 || number assigned this case, 2:25-cv-02849 SCR P, and must be labeled “Second Amended 16 | Complaint.” 17 5. Failure to file an amended complaint in accordance with this order will result in a 18 || recommendation that this action be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil 19 || Procedure. 20 6. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint 21 | form used in this district. 22 || DATED: October 27, 2025

4 SEAN C. RIORDAN UNITED STATES MAGISTRATE JUDGE 25 26 27 28

1 ATTACHMENT A 2 This Attachment provides, for informational purposes only, the legal standards that may 3 apply to your claims for relief. Pay particular attention to these standards if you choose to file an 4 amended complaint. 5 I. Fourteenth Amendment Excessive Force 6 Claims concerning excessive force against pretrial detainees arise under the Fourteenth 7 Amendment. Castro v. Cnty. of Los Angeles,

(9th Cir. 2016) (en banc). 8 To prevail on such a claim, a plaintiff must show that the defendant’s use of force was (1) 9 deliberate; and (2) objectively unreasonable. Kingsley v. Hendrickson,

, 395-97 10 (2015). As to the second element, objective reasonableness turns on the facts of each case, such 11 as “the relationship between the need for the use of force and the amount of force used; the extent 12 of the plaintiff's injury; any effort made by the officer to temper or to limit the amount of force; 13 the severity of the security problem at issue; the threat reasonably perceived by the officer; and 14 whether the plaintiff was actively resisting.” Id. at 2473. Objective reasonableness is assessed 15 based on the information known to the officer at the time. Id. at 2474. 16 17 18 19 20 21 22 23 24 25 26 27 28