Timothy M. Crawley, as Personal Representative of the Estate of Gregory A. Buck, deceased v. California Department of Corrections and Rehabilitation, et al.

Summary

The United States District Court for the Eastern District of California partially adopted findings and recommendations concerning defendants’ motion to dismiss claims arising from Gregory A. Buck’s death in state prison custody. The court held that allegations that custodial or medical personnel failed to summon emergency medical care for approximately 44 minutes after finding Buck unresponsive were sufficient to state a deliberate-indifference claim. The court otherwise granted the motion to dismiss with leave to amend and required any amended complaint or election to stand on the surviving claim within 30 days.

Holdings

1. The allegations were sufficient to state a deliberate-indifference claim against any custodial or medical employee who found Buck unresponsive and failed to summon medical care for almost three-quarters of an hour.
2. Doe pleading is permissible in federal practice where the complaint provides sufficient information to permit identification of the unknown defendants through discovery.

Questions Presented

1. Whether the first amended complaint stated a deliberate-indifference claim against custodial or medical employees who allegedly failed to summon emergency medical care for approximately 44 minutes after finding Buck unresponsive.
2. Whether Doe defendants could remain in the action where the complaint provided sufficient information to identify them through discovery.
3. Whether the magistrate judge's recommendation to grant the motion to dismiss with leave to amend should be adopted.

Disposition

other