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Rushdan v. Beard

United States District Court, Ninth Circuit

January 15, 2014

SALADIN RUSHDAN, Plaintiff,
v.
JEFFREY BEARD, Director-Secretary, California Department of Corrections and Rehabilitation, Defendant.

ORDER REOPENING CASE, SETTING BRIEFING SCHEDULE REGARDING PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR CONTEMPT AND DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL Docket nos. 118 and 119.

THELTON E. HENDERSON, District Judge.

I

Plaintiff Saladin Rushdan, an inmate at California State Prison in Corcoran (CSP-Corcoran), has filed a motion to enforce a 1994 agreement between himself and the Director of the California Department of Corrections and Rehabilitation (CDCR)[1] to settle his claims for deliberate indifference to serious medical needs and related claims asserted in the instant case, C-90-2895 TEH (PR).[2] He also seeks an order holding the CDCR in contempt for not complying with the terms of the settlement agreement. This case was dismissed with prejudice on December 28, 1994, pursuant to the settlement agreement. Doc. ## 114-116.

Plaintiff attaches a copy of the settlement agreement to his motion. The relevant portions are as follows:

Claimant is to receive medical care for his Keloidal condition from Dr. Roy C. Grekin, M.D. or from anyone designated by Dr. Grekin. Dr. Grekin will also prescribe and/or order medical care for the Claimant to be rendered by CDCR staff at the California Medical Facility (CMF) in Vacaville, California. The Chief Medical Officer at CMF will oversee the medical care prescribed and/or ordered by Dr. Grekin for the Claimant at CMF for the period to be prescribed by Dr. Grekin.

1994 Settlement Agreement ¶ 4(a).

Housing: The Claimant is to be housed in a single cell with a lower bunk for a period not less that fifteen (15) months commencing the date this agreement is signed.
Further, the Claimant is to be housed at CMF for the period that he is receiving medical care from Dr. Grekin.

Id. ¶ 4(b).

Implementation of Agreement: The Director of the California Department of Corrections (hereinafter "Director") shall be specifically responsible for the implementation of the provisions of this Agreement.
Further, in the event that any provision of this agreement is not implemented, the Claimant may bring an action against the Director to obtain performance of any of the provisions of this Agreement.

Id. ¶ 4(d).

In his motion, Plaintiff asserts that his medical treatment is ongoing to the present and the settlement agreement has been breached by the following actions: (1) he has been transferred to various prisons a number of times, a breach of paragraph 4(b), which requires that he be housed at CMF for the period he is receiving medical care from Dr. Grekin; (2) he has had his medical treatment ...


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