In re CIM-SQ Transfer Cases; Red v. Diaz et al.
- Edward Davila
- 5:20-cv-06326
- U.S. District Court · Northern District of California
- 5
In Red v. Diaz, Judge Davila found a plausible Eighth Amendment safety claim, ordered service, and stayed the case except for service.
The plaintiff, a California prisoner, and the six individual defendants ordered to receive service are directly affected. The case is part of a broader consolidated group of prisoner-transfer cases that remains stayed except for service.
What happened
In In re CIM-SQ Transfer Cases; Red v. Diaz et al., a California prisoner alleged that officials violated his constitutional rights by transferring prisoners, some infected with COVID-19, to San Quentin State Prison in 2020. He alleged that he tested positive on June 29, 2020, because of the transfers.
The court screened the complaint under the federal prisoner-screening law and found that the allegations plausibly stated a claim that the defendants were deliberately indifferent to his safety under the Eighth Amendment. The court ordered service on six individual defendants and said the case would remain stayed for all other purposes.
Judge Davila directed service through the California prison system’s electronic service program, with additional service procedures for defendants who do not waive service. The court also instructed the plaintiff about filing, mailing documents, address changes, deadlines, and prosecution of the case.
The detailed version
- In re CIM-SQ Transfer Cases; Red v. Diaz et al. · No. 5:20-cv-06326
- Edward Davila
- Dec. 22, 2025
Background
The plaintiff, a California prisoner proceeding without a lawyer, filed a civil-rights action concerning prisoner transfers from the California Institution for Men to San Quentin State Prison in 2020. He alleged that some transferred prisoners had COVID-19, that the defendants knew about the developing health emergency, and that he tested positive for COVID-19 on June 29, 2020, as a result of the defendants’ conduct. He sought damages.
The case was consolidated with related prisoner-transfer cases in the Northern District of California. Individual prisoner cases in the consolidated matter were stayed except for service of the complaint, and the individual dockets were closed. The plaintiff was directed to file any motions in the lead consolidated case while including his original case number.
Screening and Claim
The court screened the complaint under 28 U.S.C. § 1915A, which requires courts to review prisoner complaints against governmental entities or officials. A court must identify claims that can proceed or dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant.
The court explained that a claim under 42 U.S.C. § 1983 requires an alleged violation of a federal right by a person acting under state authority. Liberally construing the complaint, the court found a plausible Eighth Amendment claim for deliberate indifference to the plaintiff’s safety. The opinion does not decide whether the defendants ultimately violated the plaintiff’s rights or whether the plaintiff is entitled to damages.
Order
The court ordered service on Ralph Diaz, Ron Davis, Alison Pachynski, Dean Borders, Joseph Bink, and L. Escobell through the California Department of Corrections and Rehabilitation’s electronic service program. The clerk was directed to send the operative complaint, the order, a waiver form, and a summons to the department. The order also described procedures for serving defendants who do not waive service and warned that they may have to bear service costs if they fail to waive service without good cause.
The plaintiff must serve copies of his court communications on the defendants or their counsel, keep the court informed of address changes, comply with court orders, and file extension requests by the applicable deadline with good cause. The case remains stayed for all purposes other than serving the complaint.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.