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Kitchens v. Tordsen

United States District Court, E.D. California

March 4, 2015

LANARD KITCHENS, Plaintiff,
v.
TORDSEN, et al., Defendants.

ORDER DENYING PLAINTIFF'S REQUEST FOR SUBPOENAS (ECF No. 76)

MICHAEL J. SENG, Magistrate Judge.

I. PROCEDURAL HISTORY

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. ยง 1983. (ECF Nos. 1, 10). This matter proceeds against Defendant Tordsen on Plaintiff's First Amendment retaliation claim, and against Defendants Tordsen, Coker, Leach and Day on Plaintiff's Fourteenth Amendment claim for subjecting Plaintiff to conditions of confinement that amounted to punishment. (ECF No. 28). The complaint concerns acts that occurred while Plaintiff was a pretrial detainee at Kings County Jail.

Before the Court is Plaintiff's "Request for Judicial Intervention, " in substance, a request for subpoenas. (ECF No. 76).

II. PLAINTIFF'S CLAIMS

To put Plaintiff's discovery requests in context, the Court will briefly review his cognizable claims. (See ECF No. 28). Plaintiff alleges essentially as follows:

Plaintiff was housed in the Secure Housing Unit of the Kings County Detention

Center on December 29, 2010. Defendant Tordsen searched Plaintiff's cell, found damage to the cell, and had Plaintiff strip-searched. Plaintiff was handcuffed and transferred to another holding cell where he was kept for six hours. Plaintiff complained to Defendant Tordsen about the holding cell. In response, Defendant Tordsen placed Plaintiff in a cell covered with feces. Defendant Tordsen provided Plaintiff with minimal cleaning materials.

Plaintiff asked for a grievance form so he could complain about the cell, but Defendant Tordsen refused to provide him with one.

Plaintiff threatened to commit suicide if he was not removed from the cell. Defendants Coker, Leach, and Day responded to Plaintiff's threat. Defendant Day gave Plaintiff the option of either cleaning the cell or being placed on suicide watch. Plaintiff chose to be placed on suicide watch, and was placed on suicide watch for the night.

Plaintiff was returned to Defendant Tordsen's custody and to the filthy cell the following day. Plaintiff continued to clean the cell with limited supplies. While cleaning, he slipped and injured his head. Plaintiff started to experience facial numbness, became concerned about brain damage, and decided to slit his wrists.

Plaintiff was later diagnosed with facial paralysis and a back injury.

III. ANALYSIS

Plaintiff requests the Court to order California Forensic Medical Group (CFMG), a non-party, to 1) authenticate medical records that Plaintiff intends to use as evidence; 2) provide the full names, addresses, and daytime phone numbers of 6 non-defendant CFMG employees "who provided care, treatment and information for" Plaintiff's injuries; and 3) provide the work schedule listing which CFMG employees were on duty at the ...


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