In re CIM-SQ Transfer Cases

Summary

The United States District Court for the Northern District of California orders service of a prisoner’s First Amended Complaint alleging that prison officials were deliberately indifferent to his safety by transferring prisoners to San Quentin State Prison during the COVID-19 pandemic. The case remains stayed for purposes other than service, and the court provides procedures for electronic waiver and, if necessary, United States Marshals Service service.

Holdings

1. The First Amended Complaint stated a plausible claim under 42 U.S.C. § 1983 because it alleged violation of a constitutional right by defendants acting under color of state law.
2. Liberally construed, the allegations that defendants deliberately indifferently transferred 122 people from CIM to SQSP in May 2020, resulting in the plaintiff's COVID-19 infection, stated a plausible Eighth Amendment claim for deliberate indifference to the plaintiff's safety.
3. Because the First Amended Complaint stated a cognizable claim, the court ordered service on Ronald Broomfield, Ralph Diaz, Kathleen Allison, and Joseph Bink through the CDCR e-service program, with U.S. Marshals Service thereafter for defendants who did not waive service.

Questions Presented

1. Whether the First Amended Complaint stated a cognizable claim under 42 U.S.C. § 1983.
2. Whether the allegations plausibly stated an Eighth Amendment deliberate-indifference claim against the named defendants.
3. Whether the court should order service of the First Amended Complaint after screening under 28 U.S.C. § 1915A.

Disposition

other