Pugh v. Malone

Background

Teryonn D. Pugh, an inmate at the Contra Costa County Jail, filed this self-represented civil-rights action under 42 U.S.C. § 1983. He filed an amended complaint against officials at the jail, alleging that they failed to take adequate precautions against the spread of COVID-19. He also alleged that officials failed to provide adequate medical care after he contracted the virus.

Screening and Claims

Because Pugh is a prisoner suing governmental officials, the court conducted the required preliminary screening under 28 U.S.C. § 1915A. The court explained that screening requires dismissal of claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant. It also explained that a § 1983 claim requires an alleged violation of a federal right by someone acting under state law.

Construing Pugh’s allegations liberally, the court found cognizable due-process claims against Deputy A. Malone and Deputy C. Golden based on the alleged failure to take sufficient precautions against COVID-19 at the Martinez Detention Facility. Pugh also referred to a medical supervisor and a jail supervisor, but did not identify them by name. The court stated that those unnamed individuals could not be sued unless Pugh later identified them through a proposed second amended complaint and obtained permission to file it. Any second amended complaint would replace the amended complaint and would need to include all claims Pugh wished to pursue.

Order

The court ordered the Clerk to terminate the Martinez Detention Facility as a defendant. It ordered the Clerk to issue summonses and the U.S. Marshal to serve, without requiring advance payment of fees, the amended complaint and the order on Deputies Malone and Golden. The defendants were ordered to file answers under the Federal Rules of Civil Procedure.

The court also set an expedited schedule requiring the defendants, within 91 days after the order was filed, to file a summary-judgment motion or another dispositive motion, or to inform the court if the case could not be resolved by summary judgment. Pugh’s opposition would be due 28 days after service of such a motion, and any reply would be due 14 days later. The order explained that summary judgment is a procedure that can end a case without a trial when there is no genuine dispute over a fact that could affect the result. Discovery could proceed under the Federal Rules without another court order.

Judge Jeffrey White’s order was an initial screening and service order, not a final decision on whether Pugh will prevail on the claims.