Ward v. Koenig

Background

Trevillion Ward, proceeding without a lawyer, sued former Correctional Training Facility warden Craig Koenig. Ward alleged that Koenig authorized Operation Akili, a July 20, 2020 raid targeting Black inmates in D-Wing, despite knowing that COVID-19 posed a serious risk and that the raid could spread the virus. Ward alleged that officers moved inmates, failed to use consistent masking and other precautions, and made comments indicating they did not care about COVID-19.

Ward was housed in G-Wing and was not involved in the raid. An inmate involved in the raid contracted COVID-19 about ten days later, and the virus subsequently spread to other prison housing units. Ward tested positive on November 17, 2020, developed COVID-19-related pneumonia, later contracted COVID-19 again, and alleged continuing health effects. His operative complaint asserted an Eighth Amendment claim based on deliberate indifference to serious medical needs and safety, as well as state-law claims for intentional infliction of emotional distress and negligent supervision.

Motion to Compel

Ward moved to compel Koenig to provide adequate answers to Ward’s second set of interrogatories. Judge Tigar denied the motion without prejudice because it did not include the certification required by Federal Rule of Civil Procedure 37 and the Northern District of California’s local rule. That certification requires a discovery motion to state that the moving party made a good-faith effort to resolve the dispute without court action.

Summary Judgment

Summary judgment is a decision entered when the evidence shows that there is no genuine dispute about a fact that could affect the outcome and the moving party is entitled to judgment under the law. Koenig argued that Ward had no evidence that Operation Akili caused Ward’s November 2020 infection.

Ward responded that the raid was conducted without appropriate COVID-19 precautions, that it caused earlier infections in D-Wing, and that the virus later spread through the facility to G-Wing. He also submitted inmate declarations concerning racist comments and statements that officers did not care whether Black inmates caught COVID-19.

The court granted summary judgment for Koenig on the Eighth Amendment claim. Viewing the evidence in the light most favorable to Ward, the court held that Ward had not shown a triable issue—a factual dispute that a reasonable jury could resolve in his favor—about whether Operation Akili, rather than another source, was the proximate cause of his November 2020 infection. The court accepted Ward’s general allegations about disease transmission and prison conditions for purposes of the motion but found that they did not establish that the raid caused his infection months later.

The court also addressed qualified immunity, a protection that can shield government officials from damages when their conduct did not violate a clearly established constitutional right. Because Ward had not shown a constitutional violation, the court found no need to address the remaining qualified-immunity question.

State-Law Claims and Disposition

The court granted summary judgment for Koenig on Ward’s claims for intentional infliction of emotional distress and negligent supervision. Both claims depended on Ward proving that Operation Akili caused his COVID-19 infection and related injuries, and the court found that Ward had not shown that required causal connection.

Because it granted summary judgment on the merits, the court declined to address Koenig’s argument concerning punitive damages. The court denied Ward’s motion to compel without prejudice, granted Koenig’s summary judgment motion, entered judgment for Koenig and against Ward, terminated the pending motions as moot, and closed the case.