Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Robinson v. Catlett

February 25, 2009

NEHEMIAH ROBINSON, CDCR #J-71342 BOURLAND, CORREA, JANDA, NELSON, OCHOA, O'SHAUGHNESSY, PRICE, SALGADO, TILTON PLAINTIFF,
v.
BALL, T. CATLETT, SERGEANT; GARRETT, (2) DENYING MOTION TO CORRECTIONAL OFFICER; W.J. PRICE, FACILITY DISMISS CLAIMS AGAINST CAPTAIN; M.E. BOURLAND, CHIEF DEPUTY DEFENDANTS ARVIZU, WARDEN; DIRECTOR/SECRETARY OF CATLETT, GARRETT, JOHNSON, CORRECTIONS & REHABILITATION; R. NORIEGA, AND WIDMANN JOHNSON, LIEUTENANT; T. OCHOA CHIEF DEPUTY WARDEN; WHIDMAN, CORRECTIONAL OFFICER; R. NELSON, LIEUTENANT; G.J. JANDA, ASSOC. WARDEN; D. NORIEGA, L.V.N.; J.M. SALGADO, R.N.; M. CORREA, SUPERVISING R.N. II; K. BALL, CHIEF PHYSICIAN/SURGEON; V. O'SHAUGHNESSY, APPEAL EXAMINER, DEFENDANTS.



The opinion of the court was delivered by: Marilyn L. Huff, District Judge United States District Court

ORDER: (1) DISMISSING CLAIMS AGAINST DEFENDANTS

This Court has reviewed the Report and Recommendation submitted by the Magistrate Court on December 12, 2008, and the subsequent Objections filed by the Plaintiff on December 18, 2008. Having considered both, this Court ADOPTS the Report and Recommendation of the Magistrate Judge as follows:

Judicial Notice:

This Court GRANTS Plaintiff's and Defendants' requests for judicial notice.

Count 1

a. Eighth Amendment Claims

This Court GRANTS the motion to dismiss Plaintiff's Eighth Amendment Claims against Defendants BOURLAND, PRICE and TILTON.

This Court DENIES the motion to dismiss Plaintiff's Eighth Amendment Claims against Defendants ARVIZU, CATLETT and GARRETT.

b. Fourteenth Amendment Due Process and Equal Protection Claims

This Court GRANTS the motion to dismiss Plaintiff's Fourteenth Amendment Claims against ARVIZU, BOURLAND, CATLETT, GARRETT, PRICE and TILTON.

c. ADA and RA Claims

i) Defendants in their Individual Capacities

This Court GRANTS the motion to dismiss Plaintiff's Americans with Disability Act ("ADA") and Rehabilitation Act ("RA") Claims against ARVIZU, BOURLAND, CATLETT, GARRETT, PRICE and TILTON in their INDIVIDUAL CAPACITIES.

ii) Defendants in their Official Capacities

This Court GRANTS the motion to dismiss Plaintiff's ADA and RA Claims against Defendants BOURLAND, PRICE and TILTON in their OFFICIAL CAPACITIES.

This Court DENIES the motion to dismiss Plaintiff's ADA and RA Claims against Defendants ARVIZU, CATLETT and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.