Salvador v. Guadalupe County Correctional Facility
2:24-cv-01274
| D.N.M. | Jul 15, 2025Background
- Plaintiff Chino Salvador, a pro se inmate, filed a civil rights complaint under 42 U.S.C. § 1983, alleging that prison officials at Guadalupe County Correctional Facility (GCCF) failed to protect him from a stabbing attack by another inmate on September 26, 2022.
- Salvador claims Sergeant Sanchez and GCCF were aware of a developing issue but failed to act, attributing the incident specifically to Sanchez's negligence.
- Plaintiff was transferred to a different facility after the incident and reports suffering from post-traumatic stress and nightmares.
- Salvador sought $500,000 in damages from both GCCF and Sergeant Sanchez.
- Plaintiff moved to proceed in forma pauperis, and the court granted this, permitting payment of the filing fee in installments.
- The court reviewed the complaint sua sponte under 28 U.S.C. § 1915(e) to determine if it stated a cognizable claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GCCF is a "person" under § 1983 | GCCF liable for failing to protect him | GCCF is not a "person" under § 1983 | GCCF cannot be sued under § 1983 |
| Whether Sergeant Sanchez was deliberately indifferent | Sanchez was negligent and aware of risk | No specific facts Sanchez knew of a substantial risk | Insufficient facts for deliberate indifference |
| Whether Plaintiff pled sufficient facts for relief | General awareness of a problem sufficed | General claims are insufficient; specifics required | Complaint lacks factual detail to state a claim |
| Allowing Plaintiff to amend | N/A | N/A | Leave to amend granted; must cure pleading defects |
Key Cases Cited
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989) (state agencies are not "persons" subject to suit under § 1983)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plaintiff must plead sufficient factual content to state a plausible claim)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (standard for stating a claim; plausibility requirement)
- Farmer v. Brennan, 511 U.S. 825 (1994) (deliberate indifference requires actual knowledge and disregard of a substantial risk)
- Brown v. Buhman, 822 F.3d 1151 (10th Cir. 2016) (section 1983 as the remedial vehicle for constitutional violations)
- Berry v. City of Muskogee, Okl., 900 F.2d 1489 (10th Cir. 1990) (deliberate indifference standard is higher than negligence)
- Trask v. Franco, 446 F.3d 1036 (10th Cir. 1998) (personal liability requires the official’s own actions to have caused the violation)
- McLaughlin v. Bd. of Trustees, 215 F.3d 1168 (10th Cir. 2000) (plaintiff must allege deprivation by a person under color of state law)
- Robbins v. Oklahoma, 519 F.3d 1242 (10th Cir. 2008) (plaintiff must show who did what to whom in § 1983 claims)