Grant v. Swartzinager et al
Filing
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ORDER signed by Judge Kimberly J. Mueller on 9/30/2011 ORDERING the 48 Findings and Recommendations are ADOPTED as amended by this order; Defendants' 43 Motion for Summary Judgment is DENIED. (Andrews, P) Modified docket text on 9/30/2011 (Waggoner, D).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GREGORY D. GRANT,
Plaintiff,
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No. 2:07-CV-2700 KJM JFM (PC)
vs.
GOVERNOR JERRY BROWN1, et al.,
Defendants.
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ORDER
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Plaintiff, a state prisoner proceeding through counsel, brings this civil rights
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action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
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Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On June 29, 2011, the magistrate judge filed findings and recommendations,
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which were served on the parties and which contained notice that the parties may file objections
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within a specified time. Timely objections to the findings and recommendations have been filed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule
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304, this court has conducted a de novo review of this case. Having carefully reviewed the file,
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The current Governor is substituted for the previously-named prior Governor. FED. R.
CIV. P. 25(d).
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the court finds the findings and recommendations to be supported by the record and by proper
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analysis, with the sole exception of the legal analysis of the issue of collateral estoppel. That
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portion of the findings and recommendations, appearing at page 12, line 12 to page 13, line 18, is
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modified as follows:
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A federal court looks to state law when determining the preclusive effect of a
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prior state court adjudication. Jones v. Bates, 127 F.3d 839, 848 (9th Cir. 1997). Under
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California law, the doctrine of collateral estoppel precludes a party from relitigating an issue
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previously decided if: (1) the issue is identical to that decided in a prior proceeding; (2) the issue
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was actually litigated in the prior proceeding; (3) the issue was necessarily decided in the prior
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proceeding; (4) the decision was final and on the merits; and (5) preclusion is sought against a
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person who was a party or in privity with a party in the prior proceeding. Lucido v. Superior Ct.,
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51 Cal. 3d 335, 341 (1990). An issue is identical when “‘identical factual allegations’ are at
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stake in the two proceedings, not whether the ultimate issues or dispositions are the same.” Id. at
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342. When evaluating each criteria, “courts look carefully at the entire record from the prior
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proceeding, including the pleadings, the evidence, the jury instructions, and any special jury
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findings or verdicts.” Hernandez v. City of Pomona, 46 Cal. 4th 501, 511 (2009).
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Defendant argues the claim is precluded because their obligation to pay for
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plaintiff’s surgery was actually and necessarily decided in the Santa Cruz Superior Court. This
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argument, however, misstates plaintiff’s claim. In the prior action, plaintiff was taking the Depo
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Provera (DP) medication at the time he filed his lawsuit and was requesting to proceed with a
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perceived permanent solution by having the orchiectomy paid for by the county. The superior
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court evaluated the “medical necessity” of the procedure and determined that the plaintiff could
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have the orchiectomy, but “at no cost to the County of Santa Cruz or the State of California.”
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After the superior court decision, plaintiff was taken off of DP; there is a dispute over whether or
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not he was promised some other chemical alternative soon thereafter.
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Whether or not the issue of the County’s responsibility for the costs to provide the
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surgery under these circumstances is the same as the prior action is irrelevant. The analysis does
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not turn on whether the “ultimate issues . . . are the same.” Lucido, 51 Cal. 3d at 341. Instead,
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the court must find “identical factual allegations” are at play. Id. Requesting on the one hand
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that the County pay for an elective surgery while taking the DP in the prior action and now, on
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the other, claiming the surgery was necessary because the plaintiff was denied the drug are not
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“identical factual allegations.” Therefore the issue is not precluded.
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Accordingly, IT IS HEREBY ORDERED that:
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amended by this Order;
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The findings and recommendations filed June 29, 2011, are adopted as
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Defendants’ February 18, 2011 motion for summary judgment is denied;
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The Clerk of the Court is directed to refer this action back to the
and
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magistrate judge for further proceedings.
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DATED: September 30, 2011.
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UNITED STATES DISTRICT JUDGE
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