Lewis

Lewis v. Monthei CA1/5

Good Law
Court of Appeal of CaliforniaSeptember 15, 2016A143941California993 words

Opinion

Opinion

BACKGROUND

Appellant is a California inmate housed at San Quentin State Prison. On April 1, 2014, appellant filed a form complaint alleging a cause of action for general negligence against Kevin Chappell, E. Monthei, Paul Burton, and Sheila Dickson. A June 2014 amended complaint indicates Chappell was sued in his capacity as Warden of San Quentin State Prison during the time at issue in this action; E. Monthei, Paul Burton, and Sheila Dickson were sued in their capacity as psychiatrists employed at San Quentin State Prison during the time at issue. Lewis’s April 2014 complaint alleged that, on September 22, 2013, Dr. Dickson issued a false “Serious Rules Violation Report” regarding appellant, in retaliation for a document authored by appellant that alleged wrongdoing by doctors at San Quentin. He also alleged that Dr. Dickson “sexually molested” him. In June 2014, respondents

1 demurred on the ground that appellant had failed to comply with the claim-presentation requirements of the Government Claims Act (“Claims Act”) (Govt. Code § 810 et seq.). Appellant filed a first amended complaint and the trial court gave appellant until August 5 to “file his papers showing compliance…

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