In re CIM-SQ Transfer Cases

Summary

The United States District Court for the Northern District of California screened a pro se prisoner civil rights complaint arising from the May 2020 transfer of inmates from California Institution for Men to San Quentin State Prison during the COVID-19 pandemic. The court found a plausible Eighth Amendment deliberate-indifference claim against the named defendants in their individual capacities, ordered service, and stayed the case for all purposes other than service.

Holdings

1. Liberally construed, the allegations stated a plausible claim that the named defendants were deliberately indifferent to plaintiff's safety in violation of the Eighth Amendment, in their individual capacities.
2. The complaint was not dismissed at screening because it stated a plausible claim and did not, on the allegations presented, fall within the grounds for dismissal under 28 U.S.C. § 1915A(b).
3. The clerk was directed to initiate service on the named defendants through the CDCR electronic-service program, with United States Marshals Service service to follow for defendants who did not waive service; the case remained stayed for all other purposes.

Questions Presented

1. Whether the complaint stated a cognizable Eighth Amendment deliberate-indifference claim under 42 U.S.C. § 1983.
2. Whether the complaint should be screened out under 28 U.S.C. § 1915A for failure to state a claim or because the defendants were immune from monetary relief.
3. Whether service should proceed on the named defendants while the related consolidated cases remained stayed.

Disposition

other