Bolden v. Allison
- Edward Davila
- 5:22-cv-02059
- U.S. District Court · Northern District of California
- 7
In Bolden v. Allison, Judge Hamilton allowed Willie Bolden’s COVID-19 prison-safety claim to proceed but dismissed defendant Tharratt.
Willie Bolden’s case may proceed on the alleged Eighth Amendment claim against the defendants who were ordered served, while R. Steven Tharratt was dismissed as a defendant. The order also imposed service and case-management obligations on the remaining parties and the California Department of Corrections and Rehabilitation.
What happened
In Bolden v. Allison, Willie Bolden, a prisoner at San Quentin State Prison, alleged that state prison officials and a federal receiver caused a COVID-19 outbreak by transferring infected prisoners without adequate safety measures. He claimed the conduct violated the Eighth Amendment and sought damages.
The court screened Bolden’s complaint under the prisoner-screening law and found that, as liberally interpreted, it stated an Eighth Amendment claim against all named defendants. The court dismissed defendant R. Steven Tharratt because the opinion concluded that he had died before the case was filed.
Judge Hamilton ordered service on the remaining defendants through prison-agency and, for Clark Kelso, separate electronic service procedures. The case would continue subject to later scheduling and possible dispositive motions.
The detailed version
- Bolden v. Allison · No. 5:22-cv-02059
- Edward Davila
- July 28, 2022
Background
Willie Bolden, a prisoner at San Quentin State Prison, filed this action without a lawyer under 42 U.S.C. § 1983, a federal statute that allows claims for violations of federal rights by people acting under state law. He alleged that California Department of Corrections and Rehabilitation officials and California Correctional Health Care Services federal receiver Clark Kelso caused a COVID-19 outbreak at San Quentin by transferring 122 prisoners from the California Institution for Men in May 2020, including prisoners who were infected. Bolden alleged that reported COVID-19 cases at San Quentin increased from zero to 340 in 22 days, that defendants ignored safety measures and public-health advice, and that he tested positive around June 29, 2020.
Bolden sued the defendants in their official capacities and alleged that their conduct violated the Eighth Amendment. He sought compensatory and punitive damages.
Screening and Ruling
The court screened the complaint under 28 U.S.C. § 1915A, which requires preliminary review of a prisoner’s case against governmental entities or officials. The court stated that it must identify claims that can proceed and dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. Reading the pro se complaint liberally, the court found that Bolden stated an Eighth Amendment claim against all defendants.
The court took judicial notice of information indicating that defendant R. Steven Tharratt died on August 20, 2020. Because the court concluded that his death preceded the filing of the action, it held that he was not properly named as a defendant at the beginning of the case and DISMISSED Tharratt.
Service and Further Proceedings
The court ORDERED service on Kathleen Allison, Ralph Diaz, Ronald Davis, Ron Broomfield, Allison Pachynski, L. Escobell, Clarence Cryer, and Joseph Bick through the California Department of Corrections and Rehabilitation’s electronic-service program. It ordered separate electronic service on Clark Kelso and his attorney. The court directed the relevant recipients to report whether they would waive service and provided procedures for service by the United States Marshals Service if necessary.
The court stated that it would issue a scheduling order for summary judgment or another dispositive motion, including a motion to dismiss under Federal Rule of Civil Procedure 12(b), after resolution of common issues in another matter. It also directed Bolden to serve defendants or their counsel with copies of his communications, prosecute the case, keep the court informed of address changes, and comply with court deadlines. Judge Phyllis J. Hamilton signed the order.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.