On October 30, 2008, a pre-trial detainee of the Los Angeles City Central Jail filed a pro se complaint in the U.S. District Court for the Central District of California against Los Angeles County officials, the Los Angeles County Sheriff, and a medical doctor that served the jail. The plaintiff ...
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On October 30, 2008, a pre-trial detainee of the Los Angeles City Central Jail filed a pro se complaint in the U.S. District Court for the Central District of California against Los Angeles County officials, the Los Angeles County Sheriff, and a medical doctor that served the jail. The plaintiff alleged that the conditions of confinement, specifically lack of beds and rodent infestation, violated his constitutional rights. Additionally, the plaintiff alleged he was denied prompt medical care when the defendant doctor failed to supply prescribed medication for 43 days. The plaintiff sought compensatory damages in the amount of $33,000 and punitive damages in the amount of $333,000.
On November 9, 2009, the defendants filed a motion to dismiss on the grounds that the plaintiff failed to exhaust his administrative remedies, which the Magistrate Judge Alicia G. Rosenberg recommended be granted in part and denied in part. On June 6, 2010, the District Court (Judge John F. Walter) adopted the Magistrate Judge's report and dismissed all claims except the claim against the Sheriff in his individual and official capacities for failure to provide adequate sleeping accommodations.
On September 14, 2010, the plaintiff filed a second amended complaint against the Los Angeles County Sheriff in his official and individual capacities, alleging substantively the same claims for conditions of confinement. In response to the defendants' motion to dismiss the Second Amended complaint, the District Court dismissed all claims except the claim against the Sheriff in his individual capacity for failure to provide adequate sleeping conditions.
On April 30, 2013, the defendant filed a motion for summary judgment on the remaining claim. The District Court granted the motion on July 18, 2013, finding that the plaintiff failed to create a genuine issue of material fact that the lice in his cell constituted a constitutional violation.
On July 30, 2013, the plaintiff filed a notice of appeal to the Ninth Circuit. The docket number for the case in the Ninnth Circuit is #13-56371.
On April 28, 2017 the court appointed R. Chris Lim, Esq to represent the plaintiff pro bono. As of March 22, 2018 the appeals court has not ruled on the motion.
Anjali Biala - 11/07/2013
Will McCartney - 03/22/2018
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