Marcus Linthecome v. Robert Luna
2:24-cv-10390
| C.D. Cal. | Jun 30, 2025Background
- Plaintiff Marcus Linthecome, an inmate, filed a pro se lawsuit under 42 U.S.C. § 1983, alleging a conspiracy among prison officials and inmates involving attempts on his life and unsafe conditions at Twin Towers Correctional Facility.
- Plaintiff initially overcame the "three strikes" bar for in forma pauperis (IFP) status by claiming imminent danger, despite a history of multiple dismissed cases.
- After the initial complaint was dismissed for failing to meet minimum pleading standards, Plaintiff was granted multiple opportunities to amend but continued to submit deficient filings.
- The First Amended Complaint named over 50 defendants but failed to clearly state specific claims or connect alleged facts to individual defendants.
- The court considered multiple emergency motions by Plaintiff, but they were rendered moot following his transfer to another facility.
- The court ultimately dismissed the action with prejudice, finding Plaintiff failed to state a claim after amendment and that further amendments would be futile.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Pleading (Rule 8) | Officials conspired and allowed life-threatening risks. | Not clearly stated | Dismissed: Allegations are vague, conclusory, and unclear. |
| Eighth Amendment - Failure to Protect | Inmates are breaching his cell; deputies ignore danger. | Not clearly stated | Dismissed: No specific facts connecting acts to defendants. |
| Supervisory Liability under § 1983 | Sheriff Luna liable for subordinates’ actions. | Not clearly stated | Dismissed: No respondeat superior liability under § 1983. |
| Grievance Procedure Rights | Grievance process is futile, rights violated. | Not clearly stated | Dismissed: No constitutional right to specific procedures. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard for stating a plausible claim under Rule 8)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standards for plausibility)
- West v. Atkins, 487 U.S. 42 (1988) (liability under § 1983 requires state action and personal involvement)
- Taylor v. List, 880 F.2d 1040 (9th Cir. 1989) (personal participation requirement for § 1983 liability)
- Ramirez v. Galaza, 334 F.3d 850 (9th Cir. 2003) (no constitutional right to a grievance procedure)
- McHenry v. Renne, 84 F.3d 1172 (9th Cir. 1996) (complaints must provide fair notice under Rule 8)
- Leer v. Murphy, 844 F.2d 628 (9th Cir. 1988) (need for individualized allegations of causation in civil rights cases)