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Anthony Gaston v. Terronez

February 27, 2012

ANTHONY GASTON,
PLAINTIFF,
v.
TERRONEZ,
DEFENDANT.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING DEFENDANT'S MOTION TO DISMISS (Doc. 42.) ORDER IMPOSING STAY OF ALL PROCEEDINGS IN THIS ACTION BASED ON THE YOUNGER ABSTENTION DOCTRINE AND THE COLORADO RIVER DOCTRINE, PENDING THE COMPLETION OF PLAINTIFF'S STATE COURT PROCEEDINGS ORDER FOR PARTIES TO FILE STATUS REPORTS IN SIXTY DAYS

I. BACKGROUND

Anthony Gaston ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on October 27, 2008. (Doc. 1.) This action now proceeds on the First Amended Complaint, filed by Plaintiff on May 4, 2009, against defendant Correctional Officer Lisa Terronez ("Defendant") for violations of Plaintiff's rights under the Eighth Amendment and the Americans with Disabilities Act ("ADA"). (Doc. 8.)

The parties to this action have consented to the jurisdiction of a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c) for all further proceedings, including trial and entry of final judgment. (Docs. 5, 16.)

On May 12, 2011, Defendant filed a motion to dismiss this action based on the abstention doctrine. (Doc. 42.) On June 7, 2011, Plaintiff filed an opposition. (Doc. 45.) On June 8, 2011, Defendant filed a reply. (Doc. 46.) Defendant's motion to dismiss is now before the Court.

II. PLAINTIFF'S ALLEGATIONS AND CLAIMS

A. Allegations

Plaintiff alleges as follows in the First Amended Complaint.

Plaintiff is a wheelchair-bound inmate. On April 4, 2007, Defendant MTA (Medical Technical Assistant) Lisa Terronez deliberately refused to dispense Plaintiff's weekly medical supply of diapers. Defendant Terronez did so under the guise that Plaintiff's medical prescription had expired. Plaintiff's medical prescription was permanent and should not have had an expiration date. However, when Plaintiff attempted to explain to Defendant that he needed his medical supplies, Defendant stated that she did not care and that Plaintiff should "suck it up and fill out a medical request." (Compl. ¶ 7.) Plaintiff filed a staff complaint and was told that his order for medical supplies was good until April 10, 2007. However, as a result of Defendant's failure to provide Plaintiff with his diapers, Plaintiff was forced to "eat, sleep, live, and breathe in his own encrusted feces from April 4, 2007 through April 11, 2007". (Compl. ¶ 8.)

Plaintiff requests monetary damages as relief.

B. Claims

Plaintiff is proceeding in this action on claims for violations of his rights under the Eighth Amendment and the Americans with Disabilities Act ("ADA").*fn1

1. Eighth Amendment - Adverse Conditions of Confinement

The Eighth Amendment protects prisoners from inhumane methods of punishment and from inhumane conditions of confinement. Morgan v. Morgensen, 465 F.3d 1041, 1045 (9th Cir. 2006). Extreme deprivations are required to make out a conditions of confinement claim, and only those deprivations denying the minimal civilized measure of life's necessities are sufficiently grave to form the basis of an Eighth Amendment violation. Hudson v. McMillian, 503 U.S. 1, 9, 112 S.Ct. 995 (1992) (citations and quotations omitted). In order to state a claim for violation of the Eighth Amendment, the plaintiff must allege facts sufficient to support a claim that prison officials knew of and disregarded a substantial risk of serious harm to the plaintiff. E.g., Farmer v. Brennan, 511 U.S. 825, 847, 114 S.Ct. 1970 (1994); Frost v. Agnos, 152 F.3d 1124, 1128 (9th Cir. 1998). The circumstances, nature, and duration of the deprivations are critical in determining whether the conditions complained of ...


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