United States District Court, D. Idaho
SUCCESSIVE REVIEW ORDER BY SCREENING JUDGE
C. NYE CHIEF U.S. DISTRICT COURT JUDGE
Jesus George Ayala is a prisoner proceeding pro se in this
civil rights action. The Court previously reviewed
Plaintiff's amended complaint pursuant to 28 U.S.C.
§ 1915A, determined that it failed to state a claim upon
which relief could be granted, and allowed Plaintiff an
opportunity to amend. See Dkt. 14.
has now filed a Second Amended Complaint (“SAC”).
See Dkt. 17. The Court retains its screening
authority pursuant to 28 U.S.C. § 1915A(b). Having
screened the SAC, the Court enters the following order
allowing Plaintiff to proceed on some of his claims.
Court explained in its Initial Review Order, the Court must
dismiss a prisoner or in forma pauperis complaint-or any
portion thereof-that states a frivolous or malicious claim,
fails to state a claim upon which relief may be granted, or
seeks monetary relief from a defendant who is immune from
such relief. 28 U.S.C. § 1915A(b).
complaint must contain “a short and plain statement of
the claim showing that the pleader is entitled to
relief.” Fed.R.Civ.P. 8(a)(2). A complaint fails to
state a claim for relief under Rule 8 if the factual
assertions in the complaint, taken as true, are insufficient
for the reviewing court plausibly “to draw the
reasonable inference that the defendant is liable for the
misconduct alleged.” Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009). “[D]etailed factual
allegations” are not required, but a plaintiff must
offer “more than ... unadorned,
Id. (internal quotation marks omitted). If the facts
pleaded are “merely consistent with a defendant's
liability, ” the complaint has not stated a claim for
relief that is plausible on its face. Id. (internal
quotation marks omitted).
is in the custody of the Idaho Department of Correction
(“IDOC”) and is currently incarcerated at the
Idaho State Correctional Center. At the times relevant to
Plaintiff's claims, he was incarcerated at the Idaho
State Correctional Institution (“ISCI”).
Plaintiff is multi-racial and homosexual, making him
particularly likely to be attacked by members of the Aryan
Knights or the Severely Violent Criminals, two prisons gangs
at ISCI. See SAC, Dkt. 17, at 4, 8. Plaintiff's
claims in this action arise from two incidents in which he
was attacked and injured by prison gang members.
April 2017, while he was housed in Unit 14, Plaintiff
“approached Defendant Shaber and indicated [Plaintiff]
needed protection” from inmates who were members of
these prison gangs. Id. at 3. Defendant Shaber took
no action other than to “order Plaintiff to return to
his housing tier.” Id. On April 17, 2017,
after Plaintiff had notified Shaber that he feared for his
safety, Plaintiff was seriously injured in an attack by
inmate Chandler Palmer. Id. at 3. Plaintiff refers
to this incident as the “first attack.”
the first attack, Plaintiff was taken to segregation, where
he stayed for a short period of time. But he was soon placed
back in Unit 14.
then advised Defendants Lombardi, Blanchard, McArthur, Clark,
Campbell, Case, Martin, Baroso, and Dutter-as well as three
unidentified correctional officers-that Plaintiff was at risk
for another attack. Id. at 7-10. Plaintiff did so
either by speaking directly to these Defendants or by filling
out a form requesting protective custody. Id.
Plaintiff was not immediately removed from Unit 14, nor was
he placed in protective custody. On April 26, 2017, Plaintiff
was again attacked and seriously injured, this time by inmate
McKutcheon. Id. at 5. Plaintiff refers to this
incident as the “second attack.”
alleges that Unit 14-where both attacks took place-is
designed for 190 inmates but that, at the time of the attack,
there were 254 inmates on the unit. Plaintiff also states
that these inmates were supervised by five correctional
officers: one per unit, as well as an additional officer who
“walked through the four tiers once per hour on an
irregular basis.” Id. at 12.
brings claims under both federal and state law. He seeks
monetary, injunctive, and declaratory relief.