1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WAYNE JOHNSON, Case No. 21-cv-07579-JSC

8 Plaintiff,

SCREENING ORDER PURSUANT TO

9 v. 28 U.S.C. § 1915

10 CONTRA COSTA COUNTY CLERK Re: Dkt. No. 1 RECORDER, et al., 11 Defendants.

12 13 Plaintiff Wayne Johnson, who is proceeding without an attorney, filed this civil rights 14 action against the Contra Costa County Clerk-Recorder Deborah Cooper (“Court Clerk”), the 15 Contra Costa County Court Reporter Patricia D. Malone (“Court Reporter”), the Contra Costa 16 County Chief Probation Officer Esa Ehmen Krause (“Probation Officer”), and Does 1-10. The 17 Court previously granted Plaintiff’s application to proceed in forma pauperis. (Dkt. No. 4.)1 It 18 must now review the complaint’s allegations under 28 U.S.C. § 1915. 19 COMPLAINT ALLEGATIONS 20 Plaintiff alleges various constitutional violations, including violations of the Fourth 21 Amendment, Eighth Amendment, and Fourteenth Amendment, in relation to a restraining order 22 and a criminal conviction resulting from a violation of that order. The restraining order was issued 23 against Plaintiff sometime before December 3, 2018. (Dkt. No. 1 at 3 ¶ 15.) The Court Clerk 24 processed the unlawfully procured restraining order despite her training regarding the issuance of 25 orders. (Id. at 3 ¶ 19.) On December 3, 2018, a Contra Costa County judge issued a warrant for 26 Plaintiff’s arrest “based upon knowingly false information” for “unlawful conduct while a 27 1 restraining order was in effect.” (Id. at 3 ¶ 15.) Plaintiff was arrested and held for three days in 2 Alameda County jail before being released on bail. (Id. at 3 ¶ 21.) The arresting police officers did 3 not present an arrest warrant and “if defendants did obtain a warrant, they provided deliberately 4 false information, or reckless statements, to the magistrate or judge to obtain said warrant.” (Id. at 5 5 ¶¶ 28–29.) Plaintiff did not receive credit for the days spent in jail in Alameda County. (Id. at 3– 6 4 ¶ 22.) On March 4, 2019, Plaintiff appeared in court where the judge “revoked Plaintiff’s bail 7 and remanded him to custody.” (Id. at 4 ¶ 24.) Plaintiff was “held without bond for the entire trial 8 and prevented from locating crucial witnesses and evidence.” (Id. at 4 ¶ 25.) During the trial, 9 “Judge Burch ordered the court reporter to not make a record of [Plaintiff’s] objection” and the 10 Judge “continually engaged in that kind of behavior, obstructing justice and creating roadblocks to 11 a fair trial. He ‘ordered’ the court reporter not to record critical objections on numerous 12 occasions.” (Id. at 4 ¶ 27.) At the conclusion of the trial, Plaintiff was sentenced to an unknown 13 length of time in San Quentin State Penitentiary. (Id. at 4 ¶ 29.) 14 The California Court of Appeal voided the restraining order against Plaintiff on January 3, 15 2020. (Id. at 3 ¶ 18.) Plaintiff was released from prison on April 1, 2021. (Id. at 5 ¶ 25.) The 16 Probation Officer “falsely reported Plaintiff was transient[,] had no education[,]” and that 17 “Plaintiff had a substance abuse problem when there is absolutely no information Plaintiff had any 18 connection to any substance abuse.” (Id.) This “false information” caused the California 19 Department of Corrections and Rehabilitation (“CDCR”) to send Plaintiff to Red Bluff, California 20 for two weeks where he was homeless and without food or means of support. (Id.) Plaintiff’s 21 “underlying conviction in cases 01-188003 and 0051905-90 are currently on Appeal in People v. 22 Johnson A159389, and there is an accompanying Petition for Writ Of Habeas Corpus also pending 23 associated with that appeal.” (Id. at 3 ¶ 14.) 24 Plaintiff sues Defendants in both their official and personal capacities. (Id. at 2 ¶ 5.) He 25 alleges that Defendants “are responsible in some legal way for [Plaintiff’s] injuries and damages” 26 in violation of 42 U.S.C. §§ 1983 and 1988. (Id. at 2 ¶ 7.) Plaintiff asserts jurisdiction under 28 27 U.S.C. §§ 1331 and 1343 for his federal constitutional claims. (Id.) Finally, the requested relief 1 Costa County’s policies; punitive damages against all defendants in the amount of $500,000; 2 attorney’s fees; and trial by jury. (Id. at 8.) 3 LEGAL STANDARD 4 The Court has a continuing duty to dismiss any case in which a party is proceeding in 5 forma pauperis upon a determination that the case is: (1) frivolous or malicious, (2) fails to state a 6 claim on which relief may be granted, or (3) seeks monetary relief against a defendant who is 7 immune from such relief. See 28 U.S.C. § 1915(e)(2). The standard of review under 28 U.S.C. 8 §1915(e)(2) mirrors that of Rule 12(b)(6). Lopez v. Smith, 203 F.3d 1122, 1126–27 (9th Cir. 9 2000). Thus, the complaint must allege “enough facts to state a claim to relief that is plausible on 10 its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A facial plausibility standard is 11 not a “probability requirement” but mandates “more than a sheer possibility that a defendant has 12 acted unlawfully.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (cleaned up). To avoid dismissal, a 13 complaint must contain more than “naked assertion[s],” “labels and conclusions” or “a formulaic 14 recitation of the elements of a cause of action.” Twombly, 550 U.S. at 555–57. “A claim has facial 15 plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable 16 inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678. 17 A complaint must contain “a short and plain statement of the claim showing that the 18 pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2); see also Moss v. Infinity Ins. Co., No. 15-cv- 19 03456-JSC, 2015 WL 5360294, at *2 (N.D. Cal. Sept. 14, 2015). “While the federal rules require 20 brevity in pleading, a complaint nevertheless must be sufficient to give the defendants ‘fair notice’ 21 of the claim and the ‘grounds upon which it rests.’” Coleman v. Beard, No. 14-CV-05508-YGR 22 (PR), 2015 WL 395662, at *4 (N.D. Cal. Jan. 29, 2015) (quoting Erickson v. Pardus, 551 U.S. 89, 23 93 (2007)). A complaint that fails to state a defendant’s specific acts “that violated the plaintiff’s 24 rights fails to meet the notice requirements of Rule 8(a).” Medina Chiprez v. Becerra, No. 20-CV- 25 00307-YGR (PR), 2020 WL 4284825, at *3 (N.D. Cal. July 27, 2020) (citing Hutchinson v. 26 United States, 677 F.2d 1322, 1328 n.5 (9th Cir. 1982)). 27 Further, when a plaintiff files a complaint without representation by a lawyer, the Court 1 v. Pliler, 627 F.3d 338, 342 (9th Cir. 2010) (cleaned up). “A district court should not dismiss a pro 2 se complaint without leave to amend unless it is absolutely clear that the deficiencies of the 3 complaint could not be cured by amendment.” Rosati v. Igbinoso, 791 F.3d 1037, 1039 (9th Cir. 4 2015) (cleaned up). 5 DISCUSSION 6 Plaintiff pleads three causes of action under 42 U.S.C. § 1983: (1) the Court Clerk’s entry 7 of the unlawful restraining order, (2) the Court Reporter’s failure to record Plaintiff’s objections 8 during trial, and (3) the Probation Officer’s intentional inclusion of “false and misleading 9 information in Plaintiff’s jacket” resulting in Plaintiff’s release on parole to Red Bluff, California 10 for two weeks. (See Dkt. No. 1 at 5–7.) 11 “Section 1983 provides a cause of action for ‘the deprivation of any rights, privileges or 12 immunities secured by the Constitution and laws’ of the United States.” Wilder v. Va. Hosp. Ass’n, 13 496 U.S. 498 (1990) (quoting 42 U.S.C. § 1983). “Section 1983 is not itself a source of 14 substantive rights, but merely provides a method for vindicating federal rights elsewhere 15 conferred.” Graham v. Connor, 490 U.S. 386, 393–94 (1989) (cleaned up). To state a claim under 16 42 U.S.C. § 1983, a plaintiff must allege two essential elements: (1) that a right secured by the 17 Constitution or laws of the United States was violated, and (2) that the alleged violation was 18 committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). 19 A. First Cause of Action: Court Clerk 20 Plaintiff’s first cause of action arises from the Court Clerk’s entry of a void restraining 21 order. Plaintiff claims that the Court Clerk “has training on the proper issuance of temporary 22 restraining orders and permanent orders, yet the clerk processed the void orders nonetheless.” 23 (Dkt. No. 1 at 3 ¶ 19.) Although later voided, there are no facts alleged that plausibly support an 24 inference that the Court Clerk performed her duty in an improper manner or that intentional 25 misconduct was present. The complaint also does not allege why the restraining order was voided 26 and how the Court Clerk’s actions violated Section 1983. Thus, Plaintiff has not plausibly alleged 27 a violation of a constitutional right. 1 bars Plaintiff’s claim. See 28 U.S.C. § 1915(e)(2) (mandating dismissal of any claim that “seeks 2 monetary relief against a defendant who is immune from such relief”). Entry of a restraining order 3 issued by a judge is a “purely administrative act,” which “when viewed in context [is] actually a 4 part of the judicial function.” In re Castillo, 297 F.3d 940, 952 (9th Cir. 2002) (scheduling and 5 notice of hearing); see also Moore v. Brewster, 96 F.3d 1240, 1244 (9th Cir. 1996) (supersedeas 6 bond). Thus, absolute quasi-judicial immunity bars the claim against the Court Clerk. 7 B. Second Cause of Action: Court Reporter 8 Plaintiff’s second cause of action arises from the Court Reporter’s failure to record 9 Plaintiff’s objections during trial. Plaintiff claims that “[t]he Court Reporter does not have 10 discretion to not take down testimony or record critical objections even when unlawfully ordered 11 by a Judge not to record the objections,” and that her failure to do so resulted in Plaintiff being 12 denied a fair trial. (Dkt. No. 1 at 6 ¶ 40.) He specifically alleges that “Judge Burch ordered the 13 court reporter to not make a record of the objection so as to preserve it for trial. . . . He ‘ordered’ 14 the court reporter not to record critical objections on numerous occasions.” (Id. at 4 ¶ 27.) The 15 allegations are unclear as to whether this alleged constitutional violation occurred from 16 “September 4, 2018 through December 20, 2018” as stated in the complaint, (id. at 4 ¶ 39), or after 17 Plaintiff’s arrest in early 2019 for violation of the restraining order. (See id. at 4 ¶¶ 25–27 (the 18 chronological order of events indicates the Court Reporter’s alleged actions occurred during the 19 trial and/or hearings for a violation of the restraining order).) Given the ambiguity of the 20 allegations, the complaint does not provide the Court Reporter with the notice required by Rule 21 8(a)(2). 22 Furthermore, if the alleged constitutional violation occurred during the trial and/or the 23 hearings for a violation of the restraining order, this claim would be barred by Heck v. Humphrey, 24 512 U.S. 477 (1994). To obtain relief for “harm caused by actions whose unlawfulness would 25 render a conviction or sentence invalid, a § 1983 plaintiff must prove that the conviction or 26 sentence has been reversed on direct appeal.” Heck, 512 U.S. at 486–87. According to the 27 complaint, Plaintiff’s conviction for violating a restraining order is currently before the California 1 objections at trial is a de facto challenge to Plaintiff’s conviction which has yet to be ruled on by 2 the state appellate court, Heck would bar this claim. 3 Moreover, regardless, drawing all reasonable inferences from the allegations in Plaintiff’s 4 favor, the Court Reporter may be immune from suit. Quasi-judicial immunity “applies when a 5 non-judicial officer performs a non-discretionary or administrative function . . . at the explicit 6 direction of a judicial officer.” Wright v. Beck, 981 F.3d 719, 738 (9th Cir. 2020) (cleaned up). 7 Here, according to Plaintiff’s allegations, the judge “ordered” the Court Reporter to exclude 8 certain objections from the record. (Dkt. No. 1 at 4 ¶ 24.) This explicit direction by the judge 9 could be considered an extension of the judge’s exercise of discretionary judgment. See Wright, 10 981 F.3d at 738. 11 C. Third Cause of Action: Probation Officer 12 Plaintiff’s third cause of action is against the Probation Officer for the intentional inclusion 13 of false and misleading information in Plaintiff’s file that caused Plaintiff to be released on parole 14 in Red Bluff, California where he remained for a period of two weeks. “[A]n inmate who is 15 released on parole . . . shall be returned to the county that was the last legal residence of the inmate 16 prior to the inmate’s incarceration.” Cal. Penal Code § 3003(a). Notwithstanding this rule, “an 17 inmate may be returned to another county or city if that would be in the best interests of the 18 public.” Id. § 3003(b). Plaintiff’s complaint fails to allege facts that support an inference that 19 placement in Red Bluff was contrary to the public interest or violative of a constitutional right. 20 Moreover, probation officers have immunity from certain claims. “[A]bsolute immunity 21 extends to parole officials for the imposition of parole conditions because that task is integrally 22 related to an official’s decision to grant or revoke parole, which is a quasi-judicial function.” 23 Thornton v. Brown, 757 F.3d 834, 839–40 (9th Cir. 2013) (cleaned up). Here, Plaintiff alleges that 24 the Probation Officer “falsely reported Plaintiff was transient[,] had no education[,]” and that 25 “Plaintiff had a substance abuse problem when there is absolutely no information Plaintiff had any 26 connection to any substance abuse.” (Dkt. No. 1 at 5 ¶ 25.) It is unclear whether the Probation 27 Officer’s conduct equates to the imposition of parole conditions. Thus, the facts as pleaded do not 1 CONCLUSION 2 For the reasons explained above, the complaint as pleaded does not survive section 1915 3 review. If Plaintiff believes he can cure the deficiencies, he may file an amended complaint on or 4 || before January 5, 2022. 5 IT IS SO ORDERED. 6 Dated: December 9, 2021 7 g ne

JAGQUELINE SCOTT CORL

9 United States Magistrate Judge 10 11 12

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