June 26, 2026·5:24-cv-01386-PCP·Unpublished·By Aisha Johnson
The Ninth Circuit affirmed the dismissal of a pro se prisoner's civil rights action alleging harassment by prison employees. The court held that the plaintiff failed to allege facts sufficient to state a plausible claim for relief.
Background
Isaias Vasquez, a California state prisoner, filed a pro se action under Section one thousand nine hundred eighty-three alleging harassment by prison employees. The district court dismissed the action, and Vasquez appealed.
The court’s reasoning
The panel reviewed the dismissal de novo. The court concluded that Vasquez failed to allege facts sufficient to state a plausible claim. The court noted that while pro se pleadings are construed liberally, they must still meet the plausibility standard. Additionally, the court cited precedent stating that verbal harassment generally does not violate the Eighth Amendment.
What it means going forward
The decision reinforces the requirement that even pro se litigants must allege sufficient facts to state a plausible claim, particularly in cases involving allegations of verbal harassment in prison settings.
