United States District Court, N.D. California
ORDER OF SERVICE Re: Dkt. No. 11
ILLSTON United States District Judge
Edward Buckins, Jr., formerly an inmate at the Glenn Dyer
Jail in Alameda County and now an inmate at the San Francisco
County Jail, filed a pro se civil rights action
under 42 U.S.C. § 1983 complaining of conditions of
confinement at the Glenn Dyer Jail. The court reviewed his
complaint and dismissed it with leave to amend. His amended
complaint is now before the court for review under 28 U.S.C.
alleges the following in his amended complaint about
responses to his medical needs at Glenn Dyer Jail during the
period December 2014 through August 2015:
December 2014, Buckins submitted a medical request form
complaining of pain in his abdominal area and “constant
urination problems.” Docket No. 11 at 5. He eventually
was seen by Dr. Brenda McCoy, a staff member at Corizon
Health Services, Inc., the medical care provider for the
jail. Lab tests were ordered.
not hearing the results of the lab tests and still being in
pain, Buckins submitted another medical request form on
January 28, 2015. Dr. McCoy and Debra Walker, a licensed
vocational nurse (LVN), explained to Buckins that the lab
tests were “negative to any abnormalities” and
failed to treat him adequately. Id. at 6. In fact,
the lab test results were abnormal, and the abnormal results
“were obvious to any trained professional
physician” and to an L.V.N. Id. at 5-6.
the next six months, Buckins complained to the County through
the grievance system and made requests for medical care
regarding his increasing pain and dehydration. Id.
at 6. He also complained to deputies about the quality of his
medical care and they told him to stop complaining.
Id. at 7.
8, 2015, Buckins passed a kidney stone and complained to
medical staff of having blood in his urine, a burning
sensation upon urination, and abdominal pain. Id. at
7-8. On May 11, 2015, Dr. McCoy ordered more lab tests of
Buckins' urine. Id. at 8. The lab tests showed
abnormal results. An ultrasound was done on May 19, 2015; the
ultrasound report stated that Buckins' kidneys were
“at the lower limits of normal in size” and had
abnormal findings. Id.
27, 2015, Buckins was treated by Jeffrey Cooper, who was a
physician's assistant or possibly a physician. See
Id. at 3, 8. Mr. Cooper explained that Dr. McCoy was no
longer Buckins' doctor. Some of Dr. McCoy's notes had
been erased from the file on the computer. Mr. Cooper ordered
antibiotics based on the lab results earlier ordered by Dr.
time before his August 20, 2015 release from Glenn Dyer Jail,
Buckins was taken to Highland Hospital for a urology
appointment. He was not seen by a doctor; instead, an x-ray
was taken and he was returned to jail. Id. at 9.
Buckins was never seen by a urologist while at Glen Dyer
was “released” to the San Francisco County Jail
on August 20, 2015, after spending a few days at Santa Rita
Jail. Id. Buckins was interviewed at San Francisco
County Jail, but someone at the Glenn Dyer Jail had not sent
his medical records with full information about his
kidney-related condition. The failure to inform San Francisco
County Jail about Plaintiff's condition caused a delay in
starting plaintiff's treatment. Id.at 9.
McCoy refused to give adequately strong pain medication to
address Buckins' kidney-related pain. Id. at 6.
amended complaint alleges claims under 42 U.S.C. § 1983
and several state law claims. In addition to claims against
Dr. McCoy, Mr. Cooper, and LVN Walker regarding their care
for his kidney problems, Buckins asserts claims against
several other defendants for their alleged shortcomings in
the medical care for his kidney-related problems. Corizon
Health, Inc., allegedly provided the medical and nursing care
for inmates at the jail pursuant to contract with Alameda
County. Dr. Harold Orr allegedly was an employee and/or agent
of Corizon, and worked as the medical director of the County
Jail. Dr. Maria Magat allegedly was an employee and/or agent
of Corizon; she “was the site medical care director who
supervised” and consulted with Dr. McCoy in the
latter's care of Buckins. Id. at 3. Alameda
County allegedly contracted with Corizon to provide the
medical care for inmates at the county jail, and Alameda
County Sheriff Gregory Ahern was in charge of the jail. The
allegations against these defendants are contained primarily
at pages 10-13 of the amended complaint, although there are
allegations throughout the amended complaint against these
defendants attempting to tie them to Buckins' several
federal court must engage in a preliminary screening of any
case in which a prisoner seeks redress from a governmental
entity or officer or employee of a governmental entity.
See 28 U.S.C. § 1915A(a). In its review the
court must identify any cognizable claims, and dismiss any
claims which are frivolous, malicious, fail to state a claim
upon which relief may be granted, or seek monetary relief
from a defendant who is immune from such relief. See
Id. at § 1915A(b)(1), (2). Pro se
pleadings must be liberally construed. See Balistreri v.
Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir.
state a claim under 42 U.S.C. § 1983, a plaintiff must
allege two elements: (1) that a right secured by the
Constitution or laws of the United States was violated and
(2) that the violation was committed by a person acting under