Cole v. Allison

Background

Robert Lee Cole filed a lawsuit under 42 U.S.C. § 1983, a federal law that allows claims against people acting under state authority for violations of federal rights. He proceeded without a lawyer. Cole alleged that the defendants violated the Eighth Amendment by transferring more than 100 prisoners from the California Institution for Men to San Quentin State Prison in May 2020, including some prisoners who were infected with COVID-19.

Cole alleged that the defendants failed to take adequate precautions before, during, and after the transfer. The alleged failures included not testing or screening prisoners at appropriate times, not maintaining distancing on transfer buses, and not testing and isolating prisoners after they arrived at San Quentin. He also alleged that San Quentin had poor ventilation, crowded living conditions, and inadequate sanitation. The complaint did not expressly allege that Cole contracted COVID-19 or experienced COVID-19 symptoms.

Screening analysis

Because Cole was a prisoner suing governmental defendants, the court screened the complaint under 28 U.S.C. § 1915A. At this stage, the court had to identify claims that were legally sufficient and dismiss claims that were frivolous, malicious, failed to state a claim, or sought money from an immune defendant. The court stated that it must read complaints filed without a lawyer liberally, while still requiring enough facts to give defendants fair notice of the claims.

The court concluded that, when read liberally, Cole’s allegations about the May 2020 transfer stated legally sufficient Eighth Amendment claims. The court therefore ordered service on CDCR Director K. Allison, CDCR Secretary Diaz, CDCR associate director Davis, San Quentin warden Ron Broomfield, San Quentin chief medical officer Pachynski, California Institution for Men chief medical officer Escobell, San Quentin Healthcare chief executive director Clarence Cryer, California Institution for Men warden Dean Borders, and California Correctional Health Care Services doctor Joseph Bick. The court ordered separate service on Clark Kelso.

Dismissed claims and defendant

Cole sued the defendants individually and in their official capacities. The court dismissed the claims for damages based on defendants’ official-capacity conduct. It reasoned that the Eleventh Amendment generally bars suits against a state in federal court without the state’s consent and that a suit against a state official in an official capacity is treated as a suit against the state. The opinion does not state that all claims against the defendants were dismissed; it specifically identifies the damages claims based on official-capacity conduct.

The court also dismissed Tharratt as a defendant. It took judicial notice of a filing in another case that included an obituary and represented that Dr. Tharratt died on August 20, 2020. Because that death preceded the filing of Cole’s action, the court determined that Tharratt was not properly named as a defendant.

Disposition and next steps

The order dismissed Tharratt and dismissed the official-capacity damages claims. It directed the Clerk to begin service through the CDCR electronic-service program for the nine listed CDCR defendants and to serve Clark Kelso separately. It also stated that the court would issue a schedule for summary-judgment or other dispositive-motion briefing after resolution of common issues in another matter. The order required Cole to continue prosecuting the case, keep the court informed of address changes, and follow the court’s filing and service instructions.