Rubio v. Mason County
3:23-cv-05435
W.D. Wash.May 16, 2024Background
- Plaintiff Brandon Rubio, incarcerated at Monroe Correctional Complex, filed a § 1983 suit pro se (and in forma pauperis) regarding his prior confinement at Mason County Jail (MCJ) and Nisqually Correctional Complex (NCC).
- Rubio asserted various constitutional violations, including deliberate indifference to his medical needs, due process violations, retaliation, and denial of television and law library access.
- Defendants included Mason County (and MCJ staff), Healthcare Delivery Systems (HDS) medical staff, and NCC staff; Mason County Defendants filed a Rule 12(c) motion for partial judgment on the pleadings to dismiss counts 1, 3, 4, 5, 6, and 7.
- At the time of the motion, other defendants had not been served or appeared, but HDS later joined the motion.
- The court considered only the pleadings, not additional materials submitted by Rubio or the late-joined HDS Defendants, and focused on whether Rubio stated viable claims under § 1983.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of injunctive relief | Injury ongoing; needs injunctive relief | Claims moot; Plaintiff no longer at MCJ or NCC | Injunctive relief claim moot; dismissed |
| Municipal liability | Mason County liable for policies/oversight failures | Plaintiff points only to individual actions, not Mason policy | No plausible municipal claim; dismissed |
| Individual liability | Staff responsible via policies or grievance handling | No specific acts or participation in alleged harms | No personal participation; dismissed |
| Right to television | Denial of TV violates 1st, 8th, 14th amendment rights | No constitutional right to TV or news via TV in jail | No constitutional right; dismissed |
Key Cases Cited
- Monell v. Department of Social Services, 436 U.S. 658 (municipal §1983 liability requires injury by policy or custom)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (claim must be plausible on its face to survive dismissal)
- Ashcroft v. Iqbal, 556 U.S. 662 (complaint must allege sufficient factual matter for plausibility)
- West v. Atkins, 487 U.S. 42 (§1983 requires action under color of law and violation of federal right)
- Bell v. Wolfish, 441 U.S. 520 (pretrial detainees protected from punitive conditions, not minor comfort deprivations)
- Pell v. Procunier, 417 U.S. 817 (prisoners’ right to receive news does not require provision of TV/news broadcasts)