Powell v. Koenig

Background

Michael Angelo Powell, an inmate at the Correctional Training Facility, filed a self-represented action under 42 U.S.C. § 1983. The amended complaint was reviewed under 28 U.S.C. § 1915A, which requires a court to screen a prisoner’s claims against governmental entities, officers, or employees. At this stage, the court must identify claims that are legally sufficient and dismiss claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant.

Allegations

Powell repeated allegations against CTF Warden Craig Koenig and Chief Deputy Warden L. Martinez that they were deliberately indifferent to his health and safety. Specifically, he alleged that they failed to follow COVID-19 protocols concerning quarantine of people exposed to COVID-19, prison cleaning, and proper personal protective equipment for staff. The court stated that, read liberally, these allegations appeared to state a cognizable Eighth Amendment claim.

Powell also alleged that he developed severe symptoms on December 29, 2020, including a headache, extreme joint and back pain, an upset stomach, a cough, vomiting, and chills. He said he told medical staff about his condition and requested medication, but did not receive medical treatment that night or over the following several days. He alleged that he was told on January 1, 2021, that he had tested positive for COVID-19; that from December 29 through January 9 he was not examined by a doctor; that he did not receive food appropriate for nausea and vomiting; and that he received only two acetaminophen tablets and cough medication. He further alleged continuing COVID-19-related health problems and claimed that Healthcare CEO B. Omosaiye and Healthcare CMO Dr. Posson were responsible for providing proper care. The court stated that these allegations appeared to state cognizable § 1983 claims for deliberate indifference to serious medical needs.

Ruling and next steps

The court ordered that Craig Koenig, L. Martinez, B. Omosaiye, and Dr. Posson be served through the California Department of Corrections and Rehabilitation’s electronic-service program, with United States Marshal Service involvement for defendants who did not waive service. The order did not list Does 1 through 5 among the defendants to be served.

The court directed defendants to file a motion for summary judgment or another dispositive motion within 60 days after service, unless they informed the court that the case could not be resolved that way. It gave Powell 30 days after service of any such motion to file an opposition and allowed defendants 14 days after the opposition to file a reply. The order also allowed discovery under the Federal Rules of Civil Procedure and warned Powell that failing to prosecute the case, keep the court informed of address changes, or comply with court orders could result in dismissal under Rule 41(b).

Judge Kandis A. Westmore’s order was an order allowing the case to proceed past initial screening and arranging service; it was not a final decision on the merits of Powell’s claims.