Elghembri v. Doe

Background

Ahmed Mohammad Elghembri filed a first amended complaint under 42 U.S.C. § 1983, the federal statute allowing claims against people acting under state authority for violations of federal rights. He alleged that on August 23, 2023, he fell from his bunk at San Quentin State Prison and injured his eye and face. According to the complaint, nurse Douglas Long examined the bleeding wound, told Elghembri to return to his cell and wash his face and eye, and provided no treatment. Elghembri alleged that he saw a doctor the next day at a previously scheduled appointment.

Screening and Claim

Because Elghembri is a prisoner seeking relief involving a governmental employee, the court screened the complaint under 28 U.S.C. § 1915A. That screening requires the court to identify claims that are legally sufficient and dismiss claims that are frivolous, malicious, inadequately pleaded, or barred by immunity. The court stated that pro se pleadings must be read generously. Applying that standard, it found that Elghembri stated a cognizable Eighth Amendment claim against Long based on the alleged failure to treat his injuries.

Order

The court ordered the Clerk to issue a summons and directed service of the operative complaint and attachments on Long without requiring advance payment of fees. Long must file an answer under the Federal Rules of Civil Procedure. The court also ordered Long to file a summary-judgment motion or another dispositive motion by October 6, 2025, or notify the court if the case cannot be resolved by summary judgment. The order sets deadlines for Elghembri's opposition and Long's reply, permits discovery under the federal rules, and states that no hearing will occur unless the court later orders one. Judge William H. Orrick's order is a screening and case-management order; it does not resolve the ultimate merits of the Eighth Amendment claim.