Summary
The United States District Court for the Northern District of California granted Plaintiff Jeffery Walker’s request to strike deficient claims in his 42 U.S.C. § 1983 action. The case will proceed on Fourteenth Amendment claims for failure to protect against Defendants Perez and Collins and deliberate indifference to medical needs against Defendants Pratt and Main; the remaining claims and defendants were stricken.
Holdings
- The court granted Plaintiff's request to strike the deficient claims and ordered that the action proceed only on the cognizable claims identified in the prior screening order.
- A civil detainee states a cognizable Fourteenth Amendment claim for failure to protect when officials allegedly knew that another inmate posed a threat and failed to protect the detainee from harm; the allegations were cognizable against Defendants Perez and Collins.
- A civil detainee's allegations that medical personnel refused appropriate treatment after an assault may state a cognizable deliberate-indifference claim under the Fourteenth Amendment; the allegations were cognizable against Defendants Pratt and Main.
- The clerk was directed to serve Defendants Perez, Collins, Pratt, and Main, and the defendants were ordered to file a summary-judgment motion or other dispositive motion within ninety-one days of filing.
Questions Presented
- Whether Plaintiff's request to strike the deficient claims should be granted.
- Which claims and defendants remained in the action after the deficient claims were stricken.
- Whether the remaining failure-to-protect and deliberate-indifference allegations were cognizable under the Fourteenth Amendment.
Disposition
other
Cases Cited (9)
- Balistreri v. Pacifica Police Department, 901 F.2d 696, 699 (9th Cir. 1990)(followed)
- West v. Atkins, 487 U.S. 42, 48 (1988)(followed)
- Youngberg v. Romeo, 457 U.S. 307, 315-16 (1982)(followed)
- Jones, 393 F.3d at 932(followed)
- Rand v. Rowland, 154 F.3d 952, 963 (9th Cir. 1998) (en banc)(followed)
- Woods v. Carey, 684 F.3d 934, 940 (9th Cir. 2012)(followed)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986)(followed)
- Ghazali v. Moran, 46 F.3d 52, 53-54 (9th Cir. 1995) (per curiam)(followed)
- Brydges v. Lewis, 18 F.3d 651, 653 (9th Cir. 1994)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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