In re CIM-SQ Transfer Cases

Summary

The United States District Court for the Northern District of California screened a prisoner civil-rights complaint arising from the transfer of inmates from California Institution for Men to San Quentin State Prison during the COVID-19 pandemic. The court dismissed claims against Steven Tharratt because he died before the action was filed and found a cognizable Eighth Amendment deliberate-indifference claim against Kathleen Allison. The court ordered service on Allison and stayed the case for purposes other than service.

Holdings

1. Liberally construed, the complaint stated a plausible claim that Kathleen Allison was deliberately indifferent to plaintiff's health and safety needs in violation of the Eighth Amendment.
2. Claims against Steven Tharatt could not proceed because he died before the action was filed, and he was dismissed from the case.
3. Claims against the unnamed executives could not proceed in their present form, although plaintiff could later move to amend to identify additional defendants.

Questions Presented

1. Whether the complaint stated a cognizable Eighth Amendment deliberate-indifference claim against Kathleen Allison.
2. Whether claims could proceed against Steven Tharatt when he died before the action was filed.
3. Whether claims could proceed against unnamed executives who had not been identified.

Disposition

other