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Holtsinger v. Voros

March 26, 2010

MICHAEL HOLTSINGER, PLAINTIFF,
v.
TANYA VOROS, DEFENDANT.



The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Plaintiff, a state prisoner, brings this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges he was denied medical treatment by Defendant Voros following an assault by at least four other inmates. As a result of that assault, Plaintiff claims he sustained injuries and was exposed to the blood of another inmate.

Following Defendant Voros' failure to appear for her deposition, fact establishing sanctions were issued finding liability on her part for deliberate indifference towards Plaintiff's serious medical needs. The only issue remaining for trial are the damages, if any, owed to Plaintiff.

Plaintiff seeks both compensatory and punitive damages for Eighth Amendment violations pursuant to 42 U.S.C. § 1983, as well as reasonable attorney's fees pursuant to 42 U.S.C. § 1988.

The matter came on for court trial on March 15, 2010, against Defendant Tanya Voros, only inasmuch as Plaintiff had previously dismissed his claims against other Defendants. Carter C. White, Supervising Attorney, Victoria Baiza, Certified Law Student, and Christina Ahn, Certified Law Student, appeared on behalf of Plaintiff. No appearance was made on behalf of Defendant Tanya Voros.

After hearing the evidence and arguments, the Court makes the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

The following facts were deemed established and found to constitute deliberate indifference on the part of Defendant Voros as a discovery sanction for failure to appear at her deposition:

a. On June 22, 2002, Defendant was on duty as a Medical Technical Assistant at High Desert State Prison, Susanville, California.

b. In Defendant's working capacity, she was responsible for the health care needs of inmates who received injuries in Administrative Segregation, referral of inmates to the emergency room, sick call rounds in the housing unit, dispensing of medication, collection of medical care request forms, and decontamination of inmates exposed to blood and basic inmate care needs.

c. At all times relevant to the events described herein, Defendant acted under color of state law.

d. At all times relevant, Plaintiff was incarcerated at High Desert State Prison, Susanville, California.

e. At all times relevant, Plaintiff's cellmate, Paul Magnan, was incarcerated at High Desert State Prison, Susanville, California.

f. On June 22, 2002, at approximately 1300 hours, after entering the exercise yard, Plaintiff and Magnan were assaulted. Magnan was assaulted by two inmates resulting in his loss of consciousness and bleeding from the head. Plaintiff was ...


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