Lewis v. Foss

Background

Lonnie Dave Lewis, who was incarcerated at Salinas Valley State Prison, filed this civil-rights action without a lawyer under 42 U.S.C. § 1983. He alleged that, beginning in December 2018, he was housed in a cell containing about a foot of rainwater, with additional water leaking from the ceiling and walls. He alleged that the cell flooded regularly and that Officer Rakitin, identified as the B1 Senior Officer, denied several requests to move him.

Lewis alleged that he slipped and fell in the accumulated water on January 14, 2019, injuring his lower back and tailbone. He was taken to a clinic, where Nurse Bassi allegedly performed only a brief examination, gave him aspirin, and told him to submit a sick-call slip. Lewis also alleged that he wrote to Warden Foss about the cell leak and later about the medical care he received, but she did not respond until May 2019. He alleged that Chief Deputy Warden Atchley granted requests to repair the leaks and move him, but did not act after Lewis later reported that neither had occurred. Lewis sought compensatory and punitive damages.

Screening and Claims

The court reviewed the amended complaint under 28 U.S.C. § 1915A, which requires preliminary screening of a prisoner’s complaint against a governmental entity or officer. At screening, the court must identify claims that can proceed and dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. The court also stated that pleadings filed without a lawyer must be read liberally.

The court applied the Eighth Amendment standard for prison conditions and medical care. A prisoner must allege an objectively serious deprivation and that the defendant knew of a substantial risk of serious harm but disregarded it.

The court found that Lewis stated a cognizable Eighth Amendment claim against Rakitin. The alleged repeated flooding and standing water were sufficiently serious, and Rakitin’s alleged refusal to move Lewis supported the required showing of deliberate indifference.

The court also found a cognizable Eighth Amendment claim against Bassi. The alleged back and tailbone injuries and continuing symptoms showed an objectively serious medical condition, while the allegation that Bassi performed only a brief examination was sufficient, when read liberally, to allege deliberate indifference.

The court further found cognizable claims against Foss and Atchley. The court explained that prison administrators may be liable when they are made aware of a prisoner’s request for help and knowingly fail to respond. Lewis alleged that he directly notified Foss and Atchley about the leaking cell and inadequate medical care, and that they failed to take corrective action.

Order

The court ordered that Officer Rakitin, Nurse Bassi, Warden Foss, and Chief Deputy Warden Atchley be served. It directed service through the California Department of Corrections and Rehabilitation’s electronic-service program, with United States Marshals Service forms to be prepared for defendants who did not waive service.

The court set a briefing schedule for dispositive motions, including summary judgment: defendants’ motions were due December 24, 2021; Lewis’s opposition was due February 4, 2022; and any reply was due February 23, 2022. The court authorized discovery, instructed Lewis about the evidence needed to oppose summary judgment, and required him to keep the court informed of address changes and comply with court orders.