United States District Court, N.D. California
ORDER OF SERVICE DOCKET NO. 1
M. CHEN United States District Judge.
Lee Gibson, an inmate at San Quentin State Prison, filed this
pro se prisoner's civil rights action seeking
relief under 42 U.S.C. § 1983. His complaint is now
before the Court for review under 28 U.S.C. § 1915A.
complaint, Mr. Gibson alleges the following: Mr. Gibson has
hepatitis C, and was told as far back as 2011 or 2012 that he
qualified for treatment but that treatment would be deferred
until a new hepatitis C medication was released. That new
medication, Harvoni, was later released. Dr. Vanjani told Mr.
Gibson on April 7, 2016, that Mr. Gibson no longer qualified
for Harvoni for his hepatitis C. Dr. Rowe and Dr. Tootell
thereafter agreed with Dr. Vanjani, and denied the Harvoni
treatment for Mr. Gibson.
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). Pro se pleadings must
be liberally construed. See Balistreri v. Pacifica Police
Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
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
the color of state law. See West v. Atkins, 487 U.S.
42, 48 (1988).
indifference to an inmate's serious medical needs
violates the Eighth Amendment's proscription against
cruel and unusual punishment. See Estelle v. Gamble,
429 U.S. 97, 104 (1976); Toguchi v. Chung, 391 F.3d
1051, 1057 (9th Cir. 2004). To establish an Eighth Amendment
claim on a condition of confinement, such as medical care, a
prisoner-plaintiff must show: (1) an objectively,
sufficiently serious, deprivation, and (2) the official was,
subjectively, deliberately indifferent to the inmate's
health or safety. See Farmer v. Brennan, 511 U.S.
825, 834 (1994).
complaint alleges that Drs. Vanjani, Rowe, and Tootell have
refused to provide Mr. Gibson with treatment for his
hepatitis C -- treatment that is both available and
necessary. Liberally construed, the complaint states a
cognizable Eighth Amendment claim against the three doctors
for deliberate indifference to Mr. Gibson's medical
complaint states a cognizable Eighth Amendment claim against
Dr. Vanjani, Dr. Rowe, and Dr. Tootell.
Clerk shall issue a summons and the United States Marshal
shall serve, without prepayment of fees, the summons, a copy
of the amended complaint and a copy of all the documents in
the case file upon the following defendants, ...