Battersby v. Lien

Background

Erick Allen Battersby filed a civil-rights action under 42 U.S.C. § 1983 while incarcerated at Deuel Vocational Institution. He complained about events at the Humboldt County Correctional Facility from about October 2017 through December 2019. He alleged that he developed Raynaud’s syndrome, which caused problems with circulation and required warmth and extra blankets.

According to the complaint, Nurse Iver Lien initially said Battersby’s foot condition was nothing serious, later delayed referring him to a doctor, and did not resolve the dispute over his use of blankets. Dr. Daniel Ziegler diagnosed Raynaud’s syndrome and ordered blood work and an extra blanket, but Battersby alleged that he did not receive the blanket promptly and was not allowed to use it during the day. Battersby also alleged that correctional staff disciplined him, shortened or changed his tier time, and locked him down because he stayed under blankets in violation of the jail’s bed-and-dress rule. He eventually received an extra blanket, and officials later allowed him to remain under the blankets.

Battersby further alleged that medical records had been altered and that officials refused to provide him a copy without a court order. He was transferred to the California Department of Corrections and Rehabilitation on December 16, 2019. His complaint requested damages and an injunction—that is, a court order—ending the jail’s bed-and-dress policy.

Initial Screening and Claims

Because Battersby was a prisoner suing governmental employees, the court screened the complaint under 28 U.S.C. § 1915A. The court explained that a § 1983 claim requires an alleged violation of a federal constitutional or statutory right by a person acting under state law.

The court concluded that the complaint stated a legally sufficient claim for deliberate indifference to medical needs against Nurse Iver Lien, Dr. Daniel Ziegler, Corporal Jackson, Corporal Twitchel, Corporal Freese, C.O. Coleman, and Captain Christian. Deliberate indifference means knowingly or objectively unreasonably failing to address a serious medical or safety risk, depending on whether the person was a convicted prisoner or a pretrial detainee. The court said the allegations were sufficient under either the Eighth Amendment or the Fourteenth Amendment because the complaint did not identify Battersby’s status during the relevant period.

The court found that no claim was stated against nurse administrator Karen Edmundson. The complaint alleged that Edmundson spoke with a sergeant and helped obtain an order allowing Battersby to remain under the blankets. The court determined that these allegations showed assistance in resolving the problem, not deliberate indifference.

The court dismissed the request for injunctive relief because Battersby’s transfer from the county jail made that request moot. The court also stated that Battersby could not assert claims on behalf of other inmates. The damages claims could continue.

Appointment of Counsel

Battersby moved for appointment of counsel. The court applied the standard for exceptional circumstances, considering both the apparent likelihood of success and the plaintiff’s ability to explain his claims in light of the case’s complexity. The court stated that there appeared to be some likelihood of success, but that Battersby had been able to present his claims and that the legal issues were not complex. The court therefore denied the motion for appointment of counsel.

Disposition and Further Proceedings

The court stated that the complaint, liberally construed, stated cognizable claims against Nurse Iver Lien, Dr. Daniel Ziegler, Captain Christian, Corporal Jackson, Corporal Twitchel, Corporal Freese, and C.O. Coleman under the Eighth Amendment and/or Fourteenth Amendment for deliberate indifference to medical needs. It stated that all other claims and defendants were dismissed.

The clerk was directed to issue a summons, and the United States Marshal was directed to serve the summons and case materials without prepayment of fees on Nurse Iver Lien, Corporal Jackson, Corporal Twitchel, Corporal Freese, and C.O. Coleman. The court also set deadlines for defendants’ summary-judgment or other dispositive motion, Battersby’s opposition, and any reply. Discovery could proceed under the Federal Rules of Civil Procedure. The court denied the motion for appointment of counsel.