Mackey v. Allison

Background

Michael Mackey, an inmate at San Quentin State Prison, brought a civil-rights action 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 inmates who were infected with COVID-19.

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

Mackey sued the defendants in both their individual and official capacities. He sought declaratory relief, an order requiring action, compensatory and punitive damages, and costs.

Screening standard

Because Mackey was an inmate seeking relief from governmental officials, the court screened the complaint under 28 U.S.C. § 1915A. 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 also noted that complaints filed without a lawyer must be read liberally, although Mackey was represented by counsel when the complaint was screened.

Claims allowed to proceed

The court held that, when read liberally, Mackey’s allegations about the May 2020 transfer stated cognizable Eighth Amendment claims. A prison official is deliberately indifferent when the official knows that a prisoner faces a substantial risk of serious harm and disregards that risk by failing to take reasonable steps to reduce it. The court ordered service on the remaining defendants; it did not decide whether Mackey would ultimately prevail on those claims.

Claims and defendants dismissed

The court dismissed Mackey’s claims for damages against defendants in their official capacities. It explained that the Eleventh Amendment generally bars suits against a state in federal court without the state’s consent and that an official-capacity suit for damages is treated as a suit against the state.

The court also dismissed Defendant Steven Tharratt. Based on a filing and obituary from another case, of which it took judicial notice, the court understood that Dr. Tharratt died on August 20, 2020—before this action was filed on December 6, 2021. The court stated that a dead person cannot be made a party to a federal lawsuit in that person’s own right. If Mackey wished to pursue a claim against Dr. Tharratt’s estate, he could file a first amended complaint within 28 days.

The court dismissed Defendant Kelso with prejudice because the parties had stipulated to Kelso’s dismissal. “With prejudice” means that this dismissal bars refiling that claim against Kelso in this action.

Service and next steps

The court ordered service through the California Department of Corrections and Rehabilitation’s electronic-service program on CDCR Director Allison, CDCR Secretary Diaz, 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 stated that it would issue a schedule for summary judgment or another dispositive motion after resolution of common issues in a related multi-case matter. It also required Mackey to serve copies of communications on defense counsel, keep the court informed of address changes, and comply with filing deadlines and court orders.