Leon
Leon v. Cal. Substance Abuse Treatment Facility CA5
Opinion
Opinion
Franson, J.
FACTS AND PROCEEDINGS
Leon, an inmate at CSATF and a self-represented litigant, made the following allegation regarding his medical condition. He suffers from various back problems, including extensive degenerative changes of the lumbar spine and a bulging disc, which
All further statutory references are to the Code of Civil Procedure unless otherwise indicated. This legislation was commonly referred to as the “Tort Claims Act,” but in City of Stockton v. Superior Court (2007) 42 Cal.4th 730, the Supreme Court stated that “Government Claims Act” was a more accurate name because the legislation covers both tort and contract claims. (Id. at p. 742.)
2. can never be alleviated. His only source of relief is pain medication. Physician’s assistant T. Byers discontinued Leon’s medication despite being aware of Leon’s medical condition. As a result, Leon suffered from debilitating pain for a month before being given inferior medication. Leon submitted the issue to Anthony Enenmoh, M.D. and was prescribed medication for only six months. Consequently, Leon must see a doctor to have his medication renewed. Dr. Nemyeke discontinued his medication even before she completed a…