1 PRISON LAW OFFICE McCUTCHEN, DOYLE, BROWN &
DONALD SPECTER #83925 ENERSEN
2 STEVEN FAMA #99641 WARREN E. GEORGE #53588
SARA NORMAN#189536 Three Embarcadero Center
3 General Delivery San Francisco, CA 94111
San Quentin, CA 94964 Telephone: (415) 393-2000
4 Telephone: (415) 457-9144 Facsimile: (415) 393-2286
5 Facsimile: (415) 457-9151
6 PILLSBURY WINTHROP McCUTCHEN, DOYLE, BROWN &
SHAWN HANSON #109321 ENERSEN
7 CAROLINE MITCHELL #143124 JOHN MORRISEY #122194
50 Fremont Street 355 South Grand Avenue
8 San Francisco, CA 94105 Los Angeles, CA 90071
Telephone: (415) 983-1000 Telephone: (213) 680-6400
9 Facsimile: (415) 983-1200 Facsimile: (213) 680-6499
10 Attorneys for Plaintiffs
11 IN THE UNITED STATES DISTRICT COURT
12 NORTHERN DISTRICT OF CALIFORNIA
13
14 MARCIANO PLATA, OTIS SHAW, RAY )
STODERD, RAYMOND JOHNS, JOSEPH )
15 LONG, LESLIE RHOADES, GILBERT )
16 AVILES, PAUL DECASAS, STEVEN )
BAUTISTA, CLIFFORD MYELLE and )
17 all others similarly situated, ))
18 Plaintiffs, ))
19 v. ))
20 ) No. C-01-1351 TEH
GRAY DAVIS, Governor, B. TIMOTHY )
21 GAGE, Director, Department of ) FIRST AMENDED
Finance, ROBERT PRESLEY, ) COMPLAINT
22 Secretary, California ) CLASS ACTION
Youth and Adult Correctional )
23 Agency, CALIFORNIA DEPARTMENT )
OF CORRECTIONS, TERESA ROCHA, )
24 acting Director Department of )
Corrections, SUSANN STEINBERG, )
25 M.D., Deputy Director for Health )
Care Services, DANIEL THOR, M.D., )
26 ANGELA COOPER, R.N., ANDREW )
27 LUCINE, M.D., TAM BUI, M.D., DONALD )
CALVO, M.D., SHANKAR RAMAN, M.D., )
28 BRIAN YEE, M.D., DARRELL SMITH, M.D., )
MEREDITH ALDEN VAN PELT, M.D., )
Amended Complaint
Plata v. Davis No. C-01-1351 TEH
SNIPPETS:
Amended Complaint
Plata v. Davis No. C-01-1351 TEH
19 California prisoners because the medical care system operated by the CALIFORNIA
20 DEPARTMENT OF CORRECTIONS does not and,
cannot properly care for and treat the prisoners in its custody.
26 with Disabilities Act and § 504 of the Rehabilitation Act.
services and activities of the CDC because of defendants' failures to adequately
were deliberately indifferent to his serious medical needs because they failed to provide
11 at Calipatria State Prison, injuring his right knee, back and head.
which resulted in exacerbating the pain from his untreated injuries.
At the clinic, an MTA, defendant DOE II, denied Mr. Plata
defendant DOE I told Mr. 25 Plata that nothing could be done because the doctor was not in.
M.D. had responsibility for supervision and training of the medical staff at
25 Salinas Valley State Prison of the care requested by Mr. Plata in his 602 or took any
Houghtalin conducted a review of Mr. Plata's health care records,
Dr. Lustman ordered an orthopedic consult, an MRI of Mr. Plata's
the Salinas Valley Chief Medical Officer, again approved Mr. Plata's transport on January
19 clinic at Salinas Valley State Prison because he was suffering severe headaches and
defendant Dr. Tam BUI explicitly noted that Mr. Shaw's wound was still oozing.
10 defendant Dr. Donald CALVO knew that there was inadequate post-surgical care for Mr. 11
13 CALVO failed to adequately supervise and train staff and failed to put in place procedures
22 Stoderd experienced deliberate indifference to his serious medical needs because prison
27 Health Care Manager at Corcoran, Dr. YEE was made aware of the repeated abrupt
The specialist, defendant Darrell SMITH, M.D.,
On or about May 25, 2001, Mr. 20 Johns received a letter from the Chief of Inmate Appeals
1998 appointment was cancelled by the Watch Commander because the
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