In Olivas v. State of Nevada, published May 19, 2017, the 9th Circuit Court of Appeals reversed the dismissal with prejudice of a lawsuit filed by a former inmate. The plaintiff alleged that while he was in prison, prison officials violated his Eighth Amendment rights by shooting him with shotgun pellets during a riot and then showing deliberate indifference to his need for medical care. He also asserted causes of action under Nevada state law. He filed the suit pro se in state court. After he retained counsel, he amended the complaint. The defendants removed the case to federal court. The federal district court screened the case under 28 U.S.C. section 1915A, which provides for the district court to screen inmate complaints and dismiss those that fail to state a claim or that seek damages from an immune defendant. The court dismissed the federal claims in the complaint without prejudice. The plaintiff filed an amended complaint. The court again screened the complaint, and dismissed the federal claims with prejudice, denying further leave to amend. It declined to exercise jurisdiction over the state law claim.
As a matter of first impression, the 9th Circuit ruled that a former prisoner who was released from custody before he filed a complaint about events that occurred in prison is not a "prisoner" for purposes of 28 U.S.C. section 1915A. The district court therefore may not screen or dismiss the complaint under that statute. In dictum, the 9th Circuit also noted that the district court applied an incorrect analysis in screening the lawsuit, and erred by denying leave to further amend the complaint.
Leave a Reply