Alkarawi v. Foley, 1:20-cv-00179

Background

Plaintiff Zeyad Alkarawi, an Idaho Department of Correction inmate housed at Idaho Maximum Security Institution, alleges Sgt. Jonathan Foley failed to protect him from another inmate with whom he had prior conflicts.
On January 8, 2020, Alkarawi submitted a concern form to Foley asking to be moved because the other inmate would be moved into his area; on January 16, 2020 the two fought and Alkarawi suffered a broken hand and facial injury.
Grievance responses attached to the complaint indicate Foley said he was not informed of the relevant danger until after the fight and directed plaintiff to notify facility staff or the facility coordinator for housing requests.
Alkarawi brings claims under 42 U.S.C. § 1983 for Eighth Amendment violations (failure to protect and possibly inadequate medical care) and seeks surgery for his hand; he also purports to assert state-law claims.
The Court screened the in forma pauperis complaint under 28 U.S.C. §§ 1915 and 1915A, found the pleadings insufficient to state a plausible § 1983 claim, declined supplemental jurisdiction over state-law claims, denied appointment of counsel without prejudice, and gave plaintiff 60 days to file an amended complaint.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Foley violated the Eighth Amendment by failing to protect Alkarawi from assault	Alkarawi says he warned Foley via a concern form that the incoming inmate (with whom he had fought before) posed a risk and Foley failed to act, resulting in injury	Foley (per grievance) was not aware of the relevant warning before the fight or did not receive/review the later concern form; at most negligence	Complaint does not plausibly allege Foley had the subjective awareness required for deliberate indifference; claim dismissed without prejudice to amendment
Whether a medical deliberate-indifference claim is pleaded for treatment of the broken hand	Alkarawi seeks surgery and implies inadequate medical relief for his hand	No medical providers are named; complaint lacks factual allegations showing deliberate indifference or causation	Court finds it unclear plaintiff asserts a medical claim and that pleading is insufficient to state a § 1983 medical claim
Whether the court should exercise supplemental jurisdiction over asserted state-law claims	Alkarawi asserts state-law claims in the complaint	Defendants argue (implicitly via the record) federal claim is deficient so no basis for supplemental jurisdiction	Court declines supplemental jurisdiction over state-law claims unless a plausible federal claim is later pleaded
Appointment of counsel	Alkarawi requested counsel in his complaint	No particular showing of exceptional circumstances at screening	Request denied without prejudice; may be renewed in an amended complaint

Key Cases Cited

Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading-standards: plausibility required)
Farmer v. Brennan, 511 U.S. 825 (1994) (Eighth Amendment deliberate-indifference standard)
Estelle v. Gamble, 429 U.S. 97 (1976) (deliberate indifference to serious medical needs)
McGuckin v. Smith, 974 F.2d 1050 (9th Cir. 1992) (factors defining "serious medical need")
Taylor v. List, 880 F.2d 1040 (9th Cir. 1989) (personal participation requirement for § 1983 liability)
Starr v. Baca, 652 F.3d 1202 (9th Cir. 2011) (standards for supervisory liability under § 1983)
Daniels v. Williams, 474 U.S. 327 (1986) (negligence alone is not actionable under § 1983)