Toalepai v. Allison

Background

Falao Toalepai, an inmate at San Quentin State Prison, brought a case under 42 U.S.C. § 1983. He alleged that defendants violated the Eighth Amendment by transferring more than 100 inmates from the California Institution for Men to San Quentin in May 2020, including some inmates who were infected with COVID-19.

Toalepai alleged that officials failed to take adequate precautions before, during, and after the transfer. The alleged failures included not testing or properly screening transferring inmates, not maintaining distancing on transfer buses, and not testing or isolating the transferred inmates when they arrived. He also alleged that San Quentin had poor ventilation, close living quarters, and inadequate sanitation. He claimed that he developed COVID-19 symptoms after the transfer and continued to experience symptoms.

The complaint named Kathleen Allison, Diaz, Davis, Ron Broomfield, Clark Kelso, Pachynski, Escobell, Steven Tharratt, Clarence Cryer, Dean Borders, and Joseph Bick. The opinion states that Toalepai sued the defendants in both their individual and official capacities. He sought declaratory and injunctive relief, compensatory and punitive damages, and costs.

Screening and claims

Because the plaintiff was a prisoner seeking relief from government officials and entities, the court screened the complaint under 28 U.S.C. § 1915A. Screening requires the court to identify claims that can proceed and dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant.

The court held that, liberally construed, the allegations concerning the May 2020 transfer stated cognizable Eighth Amendment claims. The court described deliberate indifference as knowing that a prisoner faces a substantial risk of serious harm and disregarding that risk by failing to take reasonable steps to reduce it. This was a determination that the claims could proceed at the screening stage, not a final decision on whether the allegations were ultimately proven.

Rulings

The court dismissed Toalepai’s claims for damages based on defendants’ actions in their official capacities, concluding that the Eleventh Amendment barred those claims. The court also dismissed the claims against Steven Tharratt. It took judicial notice of a filing and obituary indicating that Dr. Tharratt had died on August 20, 2020, before this action was filed, and concluded that he was not properly named as a defendant when the case began.

The court separately dismissed Clark Kelso with prejudice based on the parties’ stipulated dismissal. The order directed service on the remaining listed California Department of Corrections and Rehabilitation defendants: Kathleen Allison, Diaz, Davis, Ron Broomfield, Pachynski, Escobell, Clarence Cryer, Dean Borders, and Joseph Bick.

Next steps

The order instructed the clerk and the California Department of Corrections and Rehabilitation to use the agency’s electronic service process and, where necessary, prepare service through the United States Marshals Service. The court stated that it would issue a schedule for summary judgment or another dispositive motion after resolution of common issues in related cases. It also reminded the plaintiff that he was responsible for prosecuting the case and complying with court orders.