Doe

ORDER GRANTING IN PART AND DENYING IN PART THE MOTION TO DISMISS

Before the Court is Defendants’ Motion to Dismiss Plaintiffs Third Amended Complaint (“TAC”). Having considered the parties’ submissions, the Court adopts the following order and denies the motion.

I. BACKGROUND

Plaintiff was a prisoner at California Institute for Men (“CIM”), which is administered by the California Department of Corrections and Rehabilitation (“CDCR”). He was and is HIV-positive. In 2012, Defendant Young (a medical technician at the prison) misplaced his medical file, which resulted in the file being delivered to another prisoner. (TAC ¶¶ 37-42.) The other prisoner kept the file and shared its contents, including Plaintiffs status as seropositive for Human Immunodeficiency Virus (“HIV”) with other prisoners. (Id. at ¶41.) The following day Plaintiff was made aware that his file had been delivered to another prisoner when other prisoners began taunting him about it. (Id. at ¶ 44.) One said to him, “I wouldn’t want to be you now that people know what you’ve got,” which Plaintiff alleges was a “thinly veiled threat.” (Id.) Plaintiff also alleges that other inmates “taunted and threatened” him. (Id.…