Calloway v. Youssee
| Decision Date | 03 May 2022 |
| Docket Number | 1:21-cv-01450-JLT-BAM (PC) |
| Parties | JAMISI JERMAINE CALLOWAY, Plaintiff, v. YOUSSEE, et al., Defendants. |
| Court | U.S. District Court — Eastern District of California |
FINDINGS AND RECOMMENDATIONS REGARDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS (ECF NO. 17) FOURTEEN (14) DAY DEADLINE
Plaintiff Jamisi Jermaine Calloway (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. Plaintiff's first amended complaint is currently before the Court for screening. (ECF No. 17.)
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C § 1915A(a). Plaintiff's complaint, or any portion thereof, is subject to dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ 1915A(b).
A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief ....” Fed.R.Civ.P. 8(a)(2). Detailed factual allegations are not required, but “[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). While a plaintiffs allegations are taken as true, courts “are not required to indulge unwarranted inferences.” Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted).
To survive screening, Plaintiff's claims must be facially plausible, which requires sufficient factual detail to allow the Court to reasonably infer that each named defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678 (quotation marks omitted); Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009). The sheer possibility that a defendant acted unlawfully is not sufficient, and mere consistency with liability falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678 (quotation marks omitted); Moss, 572 F.3d at 969.
Plaintiff is currently housed at California Health Care Facility (“CHCF”) in Stockton, California. The events in the complaint are alleged to have occurred while Plaintiff was housed at Wasco State Prison (“WSP”) in Wasco, California and at Kern Valley State Prison (“KVSP”) in Delano, California. Plaintiff names the following defendants: (1) California Department of Corrections and Rehabilitation/California Corrections Health Care Services (“CDCR/CCHCS”); (2) A. Youssee, Chief Medical Executive, WSP; (3) S. Davenport, Chief Medical Executive, KVSP; (4) S. Lopez, Chief Medical Executive, KVSP; (5) M. A. Felder, Chief Medical Executive, KVSP; (6) N. Igbinosa, Chief Physician and Surgeon, KVSP; (7) M. Spaeth, Chief Physician and Surgeon, KVSP; (8) Y. Rao, Chief Psychiatrist, KVSP; (9) D. Pilar, Chief Psychiatrist, KVSP; (10) S. Swaim, Chief Deputy Warden, KVSP; (11) S. Smith, Chief Deputy Warden, KVSP; (12) C. Pfiffer, Warden, KVSP; (13) J. Castro, Associate Warden-ADA, KVSP; (14) I. Patel, Medical Doctor, KVSP; (15) H. Azizi, Psychiatrist, KVSP; (16) A. Ahlmeyer, Psychologist, KVSP; (17) H. Diaz, Psychologist, KVSP; (18) T. Loar, Psychologist, KVSP; (19) H. Smuzynski, Psychologist, KVSP; (20) Giwa, Register Nurse, KVSP; (21) Jesus, Register Nurse, KVSP; (22) Bartulaba, Register Nurse, KVSP; (23) A. Mejia, Appeal Analyst, KVSP; (24) B. Kemp, Care Compliance Analyst, KVSP; (25) S. Serda, Health Care Grievance Coordinator, KVSP; (26) Puga, Correctional Officer, KVSP; (27) Lopez, Correctional Officer, KVSP; (28) Slater, Correctional Officer, KVSP; (29) Celdon, Correctional Officer, KVSP; (30) M. Cuevas, Correctional Officer, KVSP; (31) A. Vila, Correctional Officer, KVSP; (32) J. Tavera, Correctional Officer, KVSP; (33) B. Betancourt, Correctional Officer, KVSP; (34) J. Valdez, Correctional Officer, KVSP; (35) D. A. Lopez, Correctional Officer, KVSP; (36) B. Rios, Correctional Officer, KVSP; (37) A. Vargas, Correctional Officer, KVSP; (38) F. Jimenez, Correctional Officer, KVSP; (39) M. Martinez, Correctional Sergeant, KVSP; (40) I. Rosales, Correctional Sergeant, KVSP; (41) B. Wilson, Correctional Lieutenant, KVSP; (42) W. Hammer, Correctional Captain, KVSP; (43) DaVita Healthcare Inc., WSP; (44) R. Umamaheswara, Medical Doctor, Nephrologist at DaVita Healthcare Inc., WSP; (45) Nicole Gomez, Register Nurse at DaVita Healthcare, Inc., WSP; (46) Roger Finch, Technician at DaVita Healthcare, Inc., WSP; (47) Louis Fonseca, Technician at DaVita Healthcare, Inc., WSP; and (48) Does 1-100, Correctional Officers and/or Medical Personnel employed at WSP and KVSP in 3/14/2019 through 6/18/2020. Plaintiff sues all defendants in their individual capacities. The Court summarizes Plaintiff's allegations as follows:
Claim One
Plaintiff was diagnosed with renal disease in 1989, started hemodialysis for renal failure in 1999, and in 2012 was diagnosed with severe low blood pressure from psychotropic medications. Around 3/12/2019 through 6/18/2020, while under the custody of Defendant CDCR and CCHCS at WSP and KVSP, Defendants A. Youssee, S. Davenport, S. Lopez, M. A. Felder, N. Igbinosa, M. Spaeth, Y. Rao, D. Pilar, S. Swaim, S. Smith, C. Pfiffer, J. Castro, I. Patel, H. Azizi, A. Ahlmeyer, H. Diaz, T. Loar, H. Smuzynski, Giwa, Jesus, Bartulaba, A. Mejia, B. Kemp, S. Serda, and Does 1-100 personally excluded Plaintiff from his DME's, OHU, DPO, and discontinued his life sustaining hemodialysis treatment. Upon information and belief, Plaintiff alleges that he was intentionally excluded by Defendant CDCR/CCHCS from its services after filing several 1824 accommodations requesting his DMEs (Durable Medical Equipment), OHU (Outpatient Housing Unit), DPO, [1] Dialysis and Transportation ADA Services at WSP and KVSP. Plaintiff alleges he was also deprived onsite dialysis for several weeks in an attempt to murder him because he was advocating for his patient rights and refusing to return to WSP after he attempted suicide at WSP, causing him to decompensate mentally.
Plaintiff was intentionally withheld his hemodialysis from 4/10/2019 through approximately 5/10/2019, causing him to be admitted several different times in the hospital, due to high poison of potassium in his blood after being intentionally denied equal access to CDCR/CCHCS services and programs, due to his disabilities of DME's, OHU, DPO, Dialysis and Transportation ADA needs and safety.
Also because of the above defendants' actions and inactions to properly house Plaintiff in an ADA DPM/DPO cell, Plaintiff was severely injured after falling and hitting his head on a metal bunk frame, also tearing his right rotator cuff in his right shoulder on 5/7/2019. Defendants knew that Plaintiff was at high risk of falls from his severe low blood pressure and inadequate hemodialysis treatment.
Plaintiff suffered permanent clotted access to his veins, also causing emotional stress and near death attempts from high poison of potassium, and hospitalizations.
Defendants retaliated against Plaintiff to intimidate his right to grieve, by their personal refusals to accommodate Plaintiff's DME's, OHU, DPO, Dialysis and Transportation in an adequate ADA vehicle with air conditioning. Due to the ongoing grievances and appeals advocating for his patient rights, Plaintiff was intentionally ostracized and refused his requested accommodations out of retaliation by Defendant CDCR/CCHCS at WSP and KVSP, while under the direct care of Defendants C Pfiffer, I. Patel, J. Castro, S. Lopez, M. Spaeth, A. Mejia, B. Kemp, S. Serda, A. Ahlmeyer, and S. Davenport. These defendants had Plaintiff transported in non ADA vehicles with no air conditioning for months, from approximately 5/10/2019 through 9/10/2019. Out of retaliation for Plaintiff's right to grieve, Plaintiff was intentionally placed in vehicles in 120 degree heated SUVs and vans, and when he refused to be subjected to the behavior of Defendants Puga, M. Cuevas, A. Vila, J. Tavera, Lopez, Celdon, Bartulaba, Giwa, and Jesus, he was refused his life sustaining hemodialysis and returned back to his assigned housing without treatment each time he declined to ride in vehicles #125 and #310. At times Plaintiff had no choice and was forced against his will to be transported with severe chest pain from his low blood pressure. At times Plaintiff would arrive with his blood pressure in the 60's, near death or exhausted, with difficulty breathing. Because of Plaintiff's ongoing grievances and appeals to hold the accountable parties responsible, Defendants C. Pfiffer, M. A. Felder, and I. Patel ignored Plaintiff's severe right shoulder rotator tear, leaving him in extreme pain and with no MRI until 2021. There is now a full thickness tear affecting both the supraspinatus and infraspinatus tendon with retraction to the level of the glenohumeral joint. There is also atrophy of both the supraspinatus and infraspinatus muscles, and a partial tear of the subscapularis contribution to the rotator cuff.
On 5/19/2020, Defendants D. A. Lopez, B. Betancourt, Slater, M Martinez, B. Wilson, W. Hammer, DaVita Healthcare Inc., and DaVita Technician Louis Fonseca retaliated against Plaintiff due to his grievances and advocating for his patient rights, in order to facilitate placing Plaintiff in ad-seg administrating housing unit lock up. A staff member's identification was planted on Plaintiff and Plaintiff turned it in immediately on 5/19/2020 within minutes of his knowledge of it. But t...
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