Hutchinson v. California Department of Corrections and Rehabilitation, et al.
ORDER signed by Senior Judge William B. Shubb on 3/24/2015 GRANTING 20 Motion to Dismiss. Plaintiff shall have 21 days from the date of this order to file an amended complaint in a manner consistent with this order. (Donati, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CIV. NO. 2:14-2398 WBS EFB
CALIFORNIA DEPARTMENT OF
REHABILITATION, WARDEN R.
RACKLEY, WARDEN B. DUFFY,
ASSOCIATE WARDEN M. KAPLAN,
FACILITIES SARGEANT A.
Plaintiff, a state prisoner, alleges the California
Department of Corrections and Rehabilitation, Wardens Rackley and
Duffy, Associate Warden Kaplan, and Facilities Sargeant Romero
failed to provide him with a shower wheelchair and a trapeze bar
suitable for assisting him to get into and out of bed.
Plaintiff brought claims under Titles II and V of the
Americans with Disabilities Act, the Rehabilitation Act, and the
under California’s Disabled Persons Act (“CDPA”) and the Unruh
Civil Rights Act against the prison official defendants.
Defendants Rackley, Duffy, Kaplan, and Romero move to dismiss the
CDPA and Unruh claims against them pursuant to Federal Rule of
Civil Procedure 12(b)(6) on the basis of sovereign immunity.
(See Defs.’ Mot. (Docket No. 20).)
Plaintiff also brought claims for damages
At the hearing on the motion, it became apparent that
the First Amended Complaint (“FAC”) fails to set forth the form
of relief plaintiff intended to seek.
unequivocally clarified that, although plaintiff did not state it
in the FAC, what he seeks is preliminary and permanent injunctive
relief ordering officials to provide him with a suitable shower
wheelchair and trapeze bar.
plaintiff to file a Second Amended Complaint to request the
relief that plaintiff actually wants granted.
The court will accordingly permit
IT IS THEREFORE ORDERED that defendant’s motion to
dismiss be, and the same hereby is, GRANTED.
Plaintiff shall have twenty days from the date this
order is signed to file an amended complaint in a manner
consistent with this Order.
March 24, 2015
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