Summary
The United States District Court for the Northern District of California screened Ronald F. Martinez’s First Amended Complaint alleging deliberate indifference to a serious medical need under 42 U.S.C. § 1983. The court dismissed the claims against Drs. Gordon, Hrobko, Hack, and Bright, but found a cognizable Eighth Amendment claim against Dr. Gamboa based on alleged delays and interference concerning a biopsy of a lesion later diagnosed as squamous cell carcinoma. The court also resolved several motions and established a briefing schedule for dispositive motions.
Holdings
- The First Amended Complaint failed to state an Eighth Amendment deliberate-indifference claim against Drs. Gordon and Hrobko because both independently diagnosed the lesions as seborrheic keratoses and provided treatment that resolved one lesion and partially resolved the other; their conduct did not amount to deliberate indifference.
- The First Amended Complaint failed to state a claim against Dr. Hack because Dr. Hack provided the biopsy referral Martinez sought, and the alleged failure to complete the biopsy was attributed to Dr. Gamboa.
- The First Amended Complaint failed to state a claim against Dr. Bright because no facts suggested that Dr. Bright saw or denied a biopsy request; his alleged involvement was limited to denying Dr. Gamboa's request for a third cryotherapy treatment.
- The First Amended Complaint stated a cognizable Eighth Amendment deliberate-indifference claim against Dr. Gamboa.
- The court could not order Corcoran State Prison to return the property because it lacked jurisdiction to grant that relief; Corcoran State Prison and Martinez's current institution were outside the relevant district.
Questions Presented
- Whether the First Amended Complaint stated an Eighth Amendment deliberate-indifference claim against the individual medical defendants.
- Whether the allegations against Dr. Gamboa were sufficient to survive screening under 28 U.S.C. § 1915A.
- Whether the court had jurisdiction to order Corcoran State Prison to return property allegedly confiscated from Martinez.
Disposition
other
Cases Cited (12)
- Balistreri v. Pacifica Police Department, 901 F.2d 696, 699 (9th Cir. 1990)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- West v. Atkins, 487 U.S. 42, 48 (1988)(followed)
- Farmer v. Brennan, 511 U.S. 825, 832, 834, 837 (1994)(followed)
- Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006)(followed)
- Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004)(followed)
- McGuckin v. Smith, 974 F.2d 1050, 1059 (9th Cir. 1992)(limited)
- WMX Technologies, Inc. v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (en banc)(overruled_in_part)
- O’Loughlin v. Doe, 920 F.2d 614, 617 (9th Cir. 1990)(followed)
- Franklin v. Oregon, 662 F.2d 1337, 1344 (9th Cir. 1981)(followed)
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