Ulep v. Allison
- Edward Davila
- 5:22-cv-02617
- U.S. District Court · Northern District of California
- 6
In Ulep v. Allison, Judge Gilliam screened a prisoner’s civil-rights complaint, dismissed one defendant, and ordered service on the others.
Alex Ulep; R. Steven Tharratt, whose claims-related status was resolved by dismissal; and the remaining named defendants, against whom service was ordered.
What happened
In Ulep v. Allison, Alex Ulep, a prisoner at San Quentin State Prison, alleged that prison and health-care officials caused a COVID-19 outbreak by transferring 122 prisoners to the prison in May 2020. He alleged that cases rose from zero to 340 in 22 days and that he later tested positive.
Ulep sued under a federal civil-rights law and claimed that the defendants violated the Eighth Amendment by ignoring safety measures and public-health advice. The court screened the complaint as required for prisoner lawsuits and concluded that, when read generously, it stated an Eighth Amendment claim against the defendants.
The court dismissed Dr. R. Steven Tharratt because the court found that he had died before the lawsuit was filed, and it ordered service of the complaint on the remaining defendants. Judge Haywood S. Gilliam, Jr. also set procedures for service and future case communications.
The detailed version
- Ulep v. Allison · No. 5:22-cv-02617
- Edward Davila
- Oct. 26, 2022
Background
Alex Ulep, a prisoner at San Quentin State Prison, filed a lawsuit without a lawyer under 42 U.S.C. § 1983. The complaint alleged that California Department of Corrections and Rehabilitation officials and California Correctional Health Care Services officials caused a COVID-19 outbreak at San Quentin by transferring 122 prisoners from the California Institution for Men in May 2020. Ulep alleged that some transferred prisoners had COVID-19, that cases at San Quentin increased from zero to 340 in 22 days, and that the defendants ignored safety measures and public-health advice despite knowing about the prison’s physical risks. He alleged that he tested positive around June 29, 2020, and sought compensatory and punitive damages.
Screening and Claims
The court screened the complaint under 28 U.S.C. § 1915A, which requires courts to review prisoner complaints against government entities or officials. The court explained that it must identify claims that can proceed and dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant. It also explained that a claim under § 1983 requires an alleged violation of a federal right by someone acting under state law.
The court concluded that, read generously, Ulep stated an Eighth Amendment claim against all the defendants. The defendants were named in their official capacities. The court separately addressed R. Steven Tharratt. Relying on a filing and obituary that it judicially noticed, the court determined that, according to the Attorney General’s representation, Tharratt had died on August 20, 2020, before this action was filed. The court therefore concluded that he was not properly named as a defendant when the lawsuit began.
Ruling and Case Status
The court DISMISSED defendant R. Steven Tharratt. It ordered service through the California Department of Corrections and Rehabilitation’s electronic-service program on Kathleen Allison, Ralph Diaz, Ronald Davis, Ron Broomfield, Allison Pachynski, L. Escobell, Clarence Cryer, Dean Borders, and Joseph Bick. It ordered separate service procedures for Clark Kelso and directed the parties to follow specified deadlines and communication requirements.
The order did not decide the ultimate merits of Ulep’s Eighth Amendment claim. It stated that the court would issue a scheduling order for summary judgment or another case-ending motion after resolution of common issues in another matter. Judge Haywood S. Gilliam, Jr. signed the order on October 26, 2022.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.