Filed Date: July 8, 2008
Closed Date: 2012
Clearinghouse coding complete
On July 8, 2008, Kevin Jackson, a California inmate suffering from hepatitis C, filed this class action suit in U.S. District Court against the California Department of Corrections and Rehabilitation, under 42 U.S.C. § 1983. Jackson filed in the Central District of California (Docket No. 2:08-cv-04454), but on 8/19/2008, the matter was transferred to the Eastern District of California, and given a new docket number (2:08-cv-01954)/ The class, represented by private counsel, asked the court for both declaratory and injunctive relief, alleging that the state's deficiencies in treatment constituted cruel and unusual punishment under the Eighth Amendment. The suit charged that the Department of Corrections excluded thousands of inmates from liver biopsies and other treatments, allowing the hepatitis to progress. The plaintiff later amended the complaint, no longer seeking a class action but instead seeking damages for the specific harm done to him.
The CDCR filed a motion to dismiss, alleging that the plaintiff had not sought out the proper remedies before filing the suit, violating the Prison Litigation Reform Act, 42 U.S.C. 1997e. The district court (Judge Morrison England) denied the motion, ruling that it was misplaced (2009 WL 3296677). He held that, even though the plaintiff had not yet exhausted his remedies, the amended complaint properly addressed the issues raised by the defendants.
Over time, it appears that the plaintiff's attorney stopped pursuing this action. On March 12, 2012, Judge England dismissed the claims under Rule 41(b) for failure to prosecute. The court cited failure to comply with an order of the court (to show cause why it should not dismiss for failure to prosecute) as the grounds for dismissal.
Summary Authors
Jonathan Forman (7/17/2013)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4159578/parties/jackson-v-traquina/
England, Morrison C. Jr. (California)
King, George H. (California)
Moulds, John F. (California)
Mueller, Kimberly Jo (California)
Kammerling, Rebecca (California)
Khorrami, Shawn (California)
Ravis, Mark S. (California)
Travis, Karen (California)
Becker, Christopher James (California)
Brown, Edmund G. Jr. (California)
England, Morrison C. Jr. (California)
King, George H. (California)
Moulds, John F. (California)
Mueller, Kimberly Jo (California)
Kammerling, Rebecca (California)
Khorrami, Shawn (California)
Ravis, Mark S. (California)
Travis, Karen (California)
Becker, Christopher James (California)
Brown, Edmund G. Jr. (California)
Chaney, David S. (California)
East, Rochelle C. (California)
Gomez, Gregory George (California)
Kwong, William C (California)
Patterson, Thomas S. (California)
Steele, Jeffery (California)
Tillman, Lisa Anne (California)
Williams, Kenneth R. (California)
See docket on RECAP: https://www.courtlistener.com/docket/4159578/jackson-v-traquina/
Last updated May 11, 2022, 8 p.m.
State / Territory: California
Case Type(s):
Key Dates
Filing Date: July 8, 2008
Closing Date: 2012
Case Ongoing: No
Plaintiffs
Plaintiff Description:
California prisoner with hepatitis C
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
California Department of Corrections, State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Availably Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Medical/Mental Health:
Type of Facility: