Summary
The United States District Court for the Northern District of California partially grants and partially denies defendants’ motions to dismiss Joshua Mason’s 42 U.S.C. § 1983 Eighth Amendment claims concerning post-surgery medical care and transportation. The court dismisses the claims against Drs. Yeh and Lara with leave to amend, while allowing claims against Martinez, Ssempebwa, Godbe, Cienega, Acevedo, and Gonzalez to proceed. The court also grants Mason’s motion to extend the deadline for filing his opposition.
Holdings
- The third amended complaint did not allege sufficient specific facts showing that Yeh and Lara knew of Mason's postoperative condition or the surgeon's instructions, and therefore failed to state a deliberate-indifference claim against them.
- The allegations that these defendants denied medical care to Mason while he had an infected wound that would not stop bleeding, took away his medications, and laughed at him were sufficient to state a claim for relief.
- The allegations that Acevedo and Gonzalez knew of the surgeon's postoperative instructions, observed Mason on crutches, and transported him without an appropriate lift-equipped van stated a plausible claim for relief.
- The court could not consider new factual allegations presented only in Mason's opposition briefs for purposes of deciding the Rule 12(b)(6) motions.
Questions Presented
- Whether the third amended complaint plausibly alleged that Yeh and Lara knew of Mason's postoperative medical restrictions and deliberately disregarded a substantial risk of serious harm.
- Whether the allegations that Martinez, Ssempebwa, Godbe, and Cienega denied care, took Mason's pain medication, and laughed at him while he had an infected, bleeding wound stated an Eighth Amendment claim.
- Whether the allegations that Acevedo and Gonzalez knew of Mason's postoperative restrictions and transported him without an appropriate lift-equipped vehicle stated an Eighth Amendment claim.
- Whether allegations raised for the first time in Mason's opposition briefs could be considered in deciding the Rule 12(b)(6) motions.
Disposition
other
Cases Cited (9)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)(applied)
- Balistreri v. Pacifica Police Department, 901 F.2d 696, 699 (9th Cir. 1990)(cited)
- Scott v. Kuhlmann, 746 F.2d 1377, 1378 (9th Cir. 1984)(cited)
- Schneider v. CDCR, 151 F.3d 1194, 1197 n.1 (9th Cir. 1998)(applied)
- Farmer v. Brennan, 511 U.S. 825, 837 (1994)(applied)
- McGuckin v. Smith, 974 F.2d 1050, 1060 (9th Cir. 1992)(applied)
- Sandoval v. County of San Diego, 985 F.3d 657, 668 (9th Cir. 2021)(applied)
- Gibson v. County of Washoe, 290 F.3d 1175, 1188 (9th Cir. 2002)(cited)
- Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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