Plata et al v. Schwarzenegger et al

Filing 2675

ORDER denying 2634 Plaintiffs' request for order directing court experts to assess Receiver's peer review processes. Signed by Judge Thelton E. Henderson on 07/15/13. (tehlc3, COURT STAFF) (Filed on 7/15/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 MARCIANO PLATA, et al., 6 NO. C01-1351 TEH Plaintiffs, 7 v. 8 EDMUND G. BROWN JR., et al., 9 Defendants. ORDER DENYING PLAINTIFFS’ REQUEST FOR ORDER DIRECTING COURT EXPERTS TO ASSESS RECEIVER’S PEER REVIEW PROCESSES 11 For the Northern District of California United States District Court 10 The Court has carefully considered the papers submitted in connection with Plaintiffs’ 12 request for an order directing the court experts to assess the peer review processes developed 13 by the Receiver, including as they relate to death reviews. The Court has also discussed this 14 request with both the Receiver and the court experts. 15 Although the Court agrees with Plaintiffs that peer and death reviews are important 16 components of a medical care delivery system, the experts’ review of individual prisons 17 appears to provide a sufficient mechanism for assessing those processes. If, while examining 18 the adequacy of care at an individual institution, the experts identify issues related to peer or 19 death reviews (or any other process) that rise to the headquarters level, they are able to speak 20 with headquarters staff and examine records so that they can make a full report as to that 21 institution. Thus, the experts already have the ability to review any centralized process that 22 they believe is having a demonstrable impact on the quality of care being provided to 23 inmates. Plaintiffs’ request is therefore DENIED. 24 25 IT IS SO ORDERED. 26 27 Dated: 07/15/13 28 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

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