United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS OF UNITED STATES
Johnston United States Magistrate Judge
Donald Biederman, a prisoner proceeding without counsel has
submitted a Complaint pursuant to 42 U.S.C. § 1983
alleging general deficiencies regarding the conditions of
confinement at Crossroads Correctional Center. (Doc. 2.) The
Court screened the Complaint pursuant to 28 U.S.C.
§§ 1915, 1915A and determined that Mr.
Biederman's Complaint failed to state a claim upon which
relief may be granted and was subject to dismissal. The Court
could not say with certainty that amendment would be futile
and therefore permitted Mr. Biederman the opportunity to file
an amended complaint. (Doc. 13.) Mr. Biederman filed an
Amended Complaint on June 19, 2019. (Doc. 14.)
1915A(b) and 1915(e)(2)(B) require the Court to dismiss a
complaint filed in forma pauperis and/or by a prisoner
against a governmental defendant if it is frivolous or
malicious, fails to state a claim upon which relief may be
granted, or seeks monetary relief from a defendant who is
immune from such relief. This matter should be dismissed for
failure to state a claim.
Biederman was specifically advised in the Court's prior
Order that Rule 8 of the Federal Rules of Civil Procedure
requires “requires a ‘showing,' rather than a
blanket assertion, of entitlement to relief.”
Twombly, 550 U.S. at 556 n.3. The factual
allegations necessary to make that showing “must be
enough to raise a right to relief above the speculative
level.” Twombly, 550 U.S. at 555.
his original Complaint Mr. Biederman provides no facts in
support of his Amended Complaint, he only makes the
conclusory allegation that the named Defendants violated the
First, Fourth, Fifth, Sixth, Eighth, and Fourteenth
Amendments to the United States Constitution by depriving him
of his liberty interest and subjecting him to cruel and
unusual conditions. He states:
The named defendants subjected me to violence, rampant drug
use, shortage of officers which made an un-safe enviroment
[sic] which made me vulnerable to attack having medical issue
depression and other mental health issues even thought of
suicide. I had legal mail missing. I was threatened with
violence. Staff even the Warden constantly harassed and
retaliated against. I asked the Governor and Attorney Tim Fox
ignored by pleas for help.
(Amended Complaint, Doc. 14 at 5.) Mr. Biederman lists a
number of defendants but states only that they deprived him
of his liberty interest and subjected him to cruel and
unusual conditions. (Amended Complaint, Doc. 14 at 9-14.) As
with his original Complaint, the Amended Complaint makes only
these general allegations without specific factual
allegations and he provides no description of what specific
acts each of the named defendants have done to allegedly
violate his constitutional rights. Consequently, the Amended
Complaint read as a whole fails to nudge Mr. Biederman's
claims “across the line from conceivable to
plausible.” Twombly, 550 U.S. at 570. Mr.
Biederman has failed to state a federal claim for relief and
this matter should be dismissed.
officials violate the Eighth Amendment's prohibition
against cruel and unusual punishment when they deny humane
conditions of confinement with deliberate indifference.
Farmer v. Brennan, 511 U.S. 825, 832 (1994). To
state a claim for such an Eighth Amendment violation, an
inmate must show objective and subjective components.
Clement v. Gomez, 298 F.3d 898, 904 (9th Cir. 2002).
The objective component requires an “objectively
insufficiently humane condition violative of the Eighth
Amendment” which poses a substantial risk of serious
harm. Osolinski v. Kane, 92 F.3d 934, 938 (9th Cir.
1996). The subjective component requires prison officials
acted with the culpable mental state, which is
“deliberate indifference” to the substantial risk
of serious harm. Farmer, 511 U.S. at 837-38;
Estelle v. Gamble, 429 U.S. 97, 104 (1976).
are no factual allegations contained in the Amended
Complaint, therefore, Mr. Biederman has failed to state an
Eighth Amendment claim regarding his conditions of
upon the foregoing, the Court issues the following:
matter should be DISMISSED for failure to state a federal
Clerk of Court should be directed to close this matter and
enter judgment pursuant to Rule 58 of the Federal Rules of
Clerk of Court should be directed to have the docket reflect
that the Court certifies pursuant to Rule 24(a)(3)(A) of the
Federal Rules of Appellate Procedure that any appeal of this
decision would not be taken in good faith. No reasonable
person could suppose an appeal would have ...