Koh v. Hayes et al

Filing 45

ORDER ADOPTING REPORT AND RECOMMENDATION; granting dft John Doe's motion to dismiss by Judge Richard A Jones. (RS) cc Koh

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JUNE KOH,
Plaintiff,

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CASE NO. C15-0418-RAJ-MAT

v.
DR. MAYA SARDESAI, et al.,

ORDER GRANTING DEFENDANT
JOHN DOE’S MOTION TO DISMISS

Defendants.

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The Court, having reviewed the Report and Recommendation of Mary Alice Theiler,

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United States Magistrate Judge, plaintiff’s objections thereto, and the remaining record, does

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hereby find and Order:

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(1)

The Court adopts the Report and Recommendation;

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(2)

Defendant John Doe’s motion to dismiss (Dkt. 25) is GRANTED. John Doe is

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entitled to (a) summary judgment with respect to plaintiff June Koh’s claims that (i) John Doe

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and/or other unnamed Jail Health Services (“JHS”) staff members were deliberately indifferent

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to a serious medical need of Mr. Koh’s, and (ii) John Doe and/or other unnamed JHS staff

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members are liable for the deliberately indifferent medical care Mr. Koh received from Dr. Maya

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Sardesai at Harborview Medical Center; and (b) dismissal for failure to state a claim upon which
ORDER GRANTING DEFENDANT
JOHN DOE’S MOTION TO DISMISS
PAGE - 1

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relief may be granted with respect to Mr. Koh’s request that the Court order the state and federal

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governments to create a national healthcare system for prisoners;

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(3)

The only claim remaining in this lawsuit is Mr. Koh’s claim that Dr. Sardesai

violated his Eighth Amendment rights under the deliberate indifference standard; and
(4)

The Clerk is directed to send copies of this Order to the parties and to Judge

Theiler.
DATED this 2nd day of September, 2015.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER GRANTING DEFENDANT
JOHN DOE’S MOTION TO DISMISS
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