Thao
Thao v. Lynch
Opinion
Trial Court Opinion
BACKGROUND
26 This case arises from the murder of Decedent Tou Thao by his cellmate Jose Negrete on 27 September 5, 2019, in California State Prison Sacramento (“CSP Sacramento”). (Doc. No. 70 at 28 ¶¶ 11, 61.) On April 23, 2021, Decedent’s family members, ChaKong Thao1, Kia Thao, Joy Thao, Bee Thao, Paul Thao, May Thao, and Jer Thao (“Plaintiffs”) filed a civil rights complaint against Jeff Lynch, the warden of California State Prison Sacramento, and Doe Defendants 1–10. (Doc. No. 1.) On June 23, 2021, Plaintiffs filed a first amended complaint to add Dr. Angela Swarthout, PsyD, as a Defendant.2 (Doc. No. 6.) In the fall of 2022, Plaintiffs served a subpoena duces tecum to the custodian of records for the California Department of Corrections and Rehabilitation (“CDCR”) and CSP Sacramento, seeking, among other things, “[a]ll documents showing the housing assignment of the deceased, Tou Thao, to Jose Negrete.” (Doc. Nos. 45 at ¶ 3; 70 at ¶¶ 30, 47, 98, 150.) In response to that subpoena, on November 10, 2022, Defendant Carrie Look, a senior legal analyst with the California Department of Justice, Office of the Attorney General, signed an…