Summary
The United States District Court for the Eastern District of California partially adopted and partially denied findings and recommendations in a prisoner civil rights action. The court dismissed all claims except an Eighth Amendment denial-of-medical-care claim against Pamela Johansen in her individual capacity and denied the plaintiff’s motion for a preliminary injunction.
Holdings
- Because Plaintiff clarified that she was serving a sentence at the Butte County Jail rather than being held as a pretrial detainee, her denial-of-medical-care claim arose under the Eighth Amendment, not the Fourteenth Amendment.
- All claims were dismissed except the claim against Pamela Johansen in her individual capacity for denial of medical care in violation of the Eighth Amendment.
- Plaintiff's motion for a preliminary injunction was denied.
Questions Presented
- Whether Plaintiff's denial-of-medical-care claim was governed by the Eighth Amendment rather than the Fourteenth Amendment because she was a sentenced prisoner rather than a pretrial detainee.
- Whether the magistrate judge's findings and recommendations should be adopted in whole or in part.
- Whether Plaintiff was entitled to a preliminary injunction.
Disposition
other
Cases Cited (1)
- Gordon v. County of Orange, 888 F.3d 1118, 1124 (9th Cir. 2018)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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