Zambrano v. Golding
- Haywood Gilliam
- 4:19-cv-03332-HSG
- U.S. District Court · Northern District of California
- 2
In Zambrano v. Golding, Judge Gilliam dismissed Dr. Elise Williams because she was deceased, without ruling on the claims against the other defendants.
The order directly affected Dr. Elise Williams by dismissing her as a defendant. It did not state a disposition of the claims against the other defendants.
What happened
Juan Carlos Zambrano, an incarcerated plaintiff proceeding without a lawyer, filed a civil-rights lawsuit under federal law against prison medical personnel. The court previously found that his amended complaint stated a valid Eighth Amendment claim against several defendants, including Dr. Elise Williams.
The U.S. Marshal reported that service on Dr. Williams was unsuccessful because she was deceased. The court ruled that a deceased person cannot be sued or made a party to a federal lawsuit and dismissed Williams from the action.
Judge Gilliam directed the Clerk to terminate Williams as a defendant. The court noted that it was unclear whether Zambrano could name Williams’s estate instead and whether Williams died before or after the lawsuit began; the order did not rule on the claims against the other defendants.
The detailed version
- Zambrano v. Golding · No. 4:19-cv-03332-HSG
- Haywood Gilliam
- July 2, 2020
Background
Juan Carlos Zambrano, an incarcerated plaintiff proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983. The court had previously determined that his amended complaint stated a cognizable Eighth Amendment claim against several prison medical defendants, including Dr. Elise Williams, and ordered the United States Marshal to serve them.
The Marshal filed an unexecuted summons for Dr. Williams and reported that service was unsuccessful because Williams was deceased.
Ruling
The court stated that a deceased person cannot be sued or otherwise made a party to a federal lawsuit. Accordingly, defendant Williams was DISMISSED from the action. The Clerk was directed to terminate Williams as a defendant.
The court noted that it was unclear whether Zambrano could name Dr. Williams’s estate as a substitute defendant and whether Williams died before or after the lawsuit began. The order did not state a disposition for the claims against the other defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.