IN RE CIM-SQ TRANSFER CASES

Background

The order concerns Johnson’s individual case, No. 24-cv-03722, which is part of the consolidated proceedings captioned “In Re CIM-SQ Transfer Cases.” Johnson, a California prisoner proceeding without a lawyer, filed a civil-rights action related to the May 2020 transfer from the California Institution for Men to San Quentin State Prison. The court had previously dismissed his original complaint with permission to amend because it named only one defendant and did not state a legally valid claim against that defendant. Johnson then filed a First Amended Complaint.

Screening and Allegations

The court screened the amended complaint under 28 U.S.C. § 1915A, which requires courts to review prisoner complaints against governmental entities or officials and dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. Johnson alleged that Ron Broomfield approved the transfer of 121 untested and unvaccinated incarcerated people when there were no COVID-19 cases or outbreaks at San Quentin. He further alleged that Ron Davis and others allowed the transferred prisoners to mingle with the general population after saying they would be segregated.

Johnson alleged that he became infected with COVID-19, was placed in a special housing unit with extreme temperatures and loud beeping, and developed ongoing breathing and skin problems. He also alleged that he had been diagnosed with long-term COVID. He sought damages and claimed that the defendants’ conduct amounted to deliberate indifference in violation of the Eighth Amendment.

Court’s Rulings

The court held that, when liberally construed, Johnson’s allegations stated a plausible Eighth Amendment claim for deliberate indifference to his safety against Broomfield and Davis. A plausible claim is one supported by enough alleged facts to give the defendants fair notice and make entitlement to relief more than speculative. The court therefore ordered service of the amended complaint on both defendants through the California Department of Corrections and Rehabilitation’s electronic service program, with United States Marshals Service procedures for any defendant who did not waive service.

The court dismissed George Coles and Willie Hearrod as additional plaintiffs in Johnson’s action and directed the clerk to remove them from the docket because each had filed a separate case concerning the 2020 transfer. The order also stated that Johnson’s case would remain stayed for all purposes other than service of the complaint. The order addressed whether the amended complaint could proceed past screening; it did not decide the ultimate merits of Johnson’s claim.