Usdc-Azt

State of Arizona v. Usdc-Azt

Good Law
United States Court of Appeals for the Ninth CircuitJune 9, 200807-70300California2,987 words

Opinion

Opinion

I. FACTS AND PROCEDURAL HISTORY

On May 6, 2004, Tuzon filed a complaint seeking relief under 42 U.S.C. § 1983. On March 1, 2005, the district court screened the complaint, granted Tuzon in forma pauperis sta- tus and directed that the complaint be served. On January 17, 2006, Tuzon filed an amended complaint alleging, inter alia, damages in connection with (1) an attack on Tuzon by other 1 Petitioners have filed a motion to add Dora B. Schriro, Director of the Arizona Department of Corrections, as a petitioner. We grant that motion.

IN RE: STATE OF ARIZONA 6541

inmates on September 17, 2003; (2) confiscation of Tuzon’s legal documents by prison library staff in December 2003; (3) confiscation of Tuzon’s money in July 2003, and ongoing through the date of the complaint; and (4) inadequate medical treatment.

On April 3, 2006, after screening the amended complaint, the district court dismissed certain claims and defendants without prejudice, and directed the remaining defendants to file answers to the remaining claims. The district court con- cluded that Tuzon had stated claims for deliberate indiffer- ence to his safety and for denial of access to the courts.…

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