Bush v. Borla

Background

Joel B. Bush, a state prisoner proceeding without a lawyer, filed a civil-rights lawsuit under 42 U.S.C. § 1983 against officials at Salinas Valley State Prison. He alleged violations of his constitutional rights. The court dismissed the original complaint but allowed Bush to amend it. After reviewing the amended complaint, the court dismissed claims and defendants it considered not legally cognizable and ordered service on the defendants connected to the remaining claims.

Bush then notified the court that the service order contained an error. The court determined that the earlier order had directed service on Correctional Officer J. Antonio by mistake. The claims against Antonio had already been dismissed, while the claims against Correctional Officer II V. Lizaola were among the claims that remained cognizable.

Order

The court ordered the clerk to terminate Defendant Lt. J. Antonio from the docket because all claims against him had been dismissed. It directed that Lizaola be served through the California Department of Corrections and Rehabilitation’s electronic-service program for prisoner civil-rights cases. The order describes procedures for determining whether service will be waived and for arranging service through the United States Marshals Service if necessary.

The court ordered the defendants to file a summary-judgment motion or another dispositive motion addressing the cognizable claims within 91 days after the order was filed. A summary-judgment motion is a request for judgment based on the evidence without a trial. The court stated that such a motion must comply with Federal Rule of Civil Procedure 56 and warned that summary judgment and qualified immunity cannot be granted if material facts are disputed. If the defendants believe the case cannot be resolved through summary judgment, they must inform the court before the deadline.

Bush must file and serve his opposition within 28 days after the defendants’ motion is filed. The order also provides that the motion will generally be submitted without a hearing unless the court later orders one, permits discovery under the Federal Rules of Civil Procedure, and requires Bush to serve copies of his communications with the court on the defendants or their counsel.

Effect of the Order

Judge Edward Davila’s order is a case-management and service order. It corrects which defendant must be served, terminates a defendant against whom all claims were dismissed, and establishes procedures for the remaining claims. It does not resolve the merits of those claims.