Gates v. Phillips
1:10-cv-02417
D. Colo.Mar 9, 2011Background
- Gates, a Colorado prisoner, filed a 42 U.S.C. § 1983 action in pro se form.
- Magistrate Judge Boland ordered an amended complaint with personal participation by all named defendants.
- Gates filed the January 4, 2011 Amended Complaint but omitted addresses for some defendants.
- Gates later provided addresses on March 3, 2011 after magistrate instruction.
- Court liberally construes pro se filings but will not act as advocate; certain defendants lack sufficient personal participation to survive dismissal.
- The court dismisses Rodriguez and Hyland for lack of personal participation; others are drawn to district and magistrate judges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gates adequately alleged personal participation by all named defendants | Gates asserts personal participation by each defendant. | Defendants Rodriguez and Hyland lacked personal participation; others are properly alleged. | Yes for Singleton, Phillips, Wormer, O'Neal, Hooker, Wescot; Rodriguez and Hyland dismissed. |
| Whether certain defendants should be dismissed for lack of personal participation | All named defendants participated in the alleged deprivations. | Some defendants did not personally participate. | Rodriguez and Hyland dismissed; others remain. |
| Whether the case should be drawn to district judge and magistrate judge for those defendants | The complaint suffices to proceed against the remaining defendants. | Personal participation standards require scrutiny; proper procedure to draw. | Action drawn to district and magistrate judges for Singleton, Phillips, Wormer, O'Neal, Hooker, Wescot. |
Key Cases Cited
- Haines v. Kerner, 404 U.S. 519 (1972) (liberal construction of pro se filings)
- Hall v. Bellmon, 935 F.2d 1106 (10th Cir. 1991) (courts must construe pro se pleadings liberally but not act as advocate)
- Bennett v. Passic, 545 F.2d 1260 (10th Cir. 1976) (personal participation essential for civil rights actions)
- Kentucky v. Graham, 473 U.S. 159 (1985) (establishes personal participation standard for § 1983 claims)
- Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158 (10th Cir. 2007) (requires specific factual allegations of what each defendant did)