Summary
The court screened a pro se prisoner civil-rights complaint alleging that the transfer of COVID-19-infected inmates from California Institution for Men to San Quentin State Prison exposed the plaintiff to COVID-19 and violated the Eighth Amendment. The court found a plausible deliberate-indifference claim against former CDCR secretaries Ralph Diaz and K. Allison, dismissed the claims against the other named defendants, and ordered service on Diaz and Allison. The case remains stayed for purposes other than service.
Holdings
- Liberally construed, the complaint stated a plausible claim that former CDCR secretaries Ralph Diaz and K. Allison were deliberately indifferent to plaintiff's safety in violation of the Eighth Amendment.
- The claims against Raul Moralez and Dr. Cook were dismissed because the complaint made no claims against them.
- Service of the complaint was ordered on Ralph Diaz and K. Allison through the CDCR e-service program, with USMS service to follow for any defendant who did not waive service.
Questions Presented
- Whether the complaint stated a plausible Eighth Amendment deliberate-indifference claim against Ralph Diaz and K. Allison.
- Whether the claims against Raul Moralez and Dr. Cook should be dismissed because the complaint made no claims against those defendants.
- Whether service should proceed on the defendants against whom a plausible claim was stated while the consolidated case remained stayed for other purposes.
Disposition
other
Cases Cited (6)
- Balistreri v. Pacifica Police Department, 901 F.2d 696, 699 (9th Cir. 1990)(followed)
- Erickson v. Pardus, 127 S. Ct. 2197, 2200 (2007)(followed)
- Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1964-65, 1974 (2007)(followed)
- West v. Atkins, 487 U.S. 42, 48 (1988)(followed)
- Leadsinger, Inc. v. BMG Music Publishing, 512 F.3d 522, 532 (9th Cir. 2008)(followed)
- Farmer v. Brennan, 511 U.S. 825, 837 (1994)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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