In re CIM-SQ Transfer Cases

Summary

The United States District Court for the Northern District of California screens a pro se civil rights complaint concerning the transfer of prisoners from California Institution for Men to San Quentin State Prison during the COVID-19 pandemic. The court dismisses Clark Kelso and R. Steven Tharratt as defendants, while finding a plausible Eighth Amendment deliberate-indifference claim against the remaining defendants in their individual capacities. The court orders service through the California Department of Corrections and Rehabilitation e-service program and keeps the case stayed for purposes other than service.

Holdings

1. Liberally construed, the plaintiff's allegations stated a plausible claim for deliberate indifference to his safety, in violation of the Eighth Amendment, against the remaining defendants in their individual capacities.
2. Clark Kelso was dismissed because he was entitled to quasi-judicial immunity.
3. R. Steven Tharratt was dismissed because he died before the action was filed and therefore was not an appropriately named defendant at the inception of the litigation.

Questions Presented

1. Whether the complaint stated a cognizable Eighth Amendment deliberate-indifference claim under 42 U.S.C. § 1983 against the remaining defendants.
2. Whether Clark Kelso was immune from the plaintiff's claims under quasi-judicial immunity.
3. Whether R. Steven Tharratt could be named as a defendant when he died before the action was filed.
4. Whether the action should proceed to service and remain stayed for purposes other than service.

Disposition

other