Judge Glenn Suddaby
Inmate Garcia alleged that correctional sergeant Furnia and other "Doe" prison officials beat him—and denied him treatment for his injuries—in violation of his Eighth Amendment rights. He also claimed Furnia retaliated against him, in violation of the First Amendment, for succeeding on two prior misbehavior reports. Adopting a magistrate judge's recommendation, district court—reviewing the sufficiency of Garcia's claims sua sponte pursuant to 28 USC §§1915(e)(2)(B) and 1915A(b)—dismissed Garcia's First Amendment retaliation claim, as well as his claims against the defendants in their official capacities. His Eighth Amendment claims for excessive force and deliberate indifference to his medical needs survived dismissal. Garcia did not allege facts plausibly suggesting a First Amendment retaliation claim. The court also noted that the Eleventh Amendment barred him from suing defendants for damages in their official capacities. Garcia only partly prevailed in his second disciplinary proceeding. Further Furnia was nowhere mentioned in either of those two disciplinary proceedings. Also, even if it viewed Garcia's retaliation claim with "the utmost of special liberality" the court found the defects therein substantive rather than merely formal.
