Schwarzenegger

Smith v. Schwarzenegger

Good Law

137 F. Supp. 3d 1233·2015 WL 5915353·2015 U.S. Dist. LEXIS 137208

United States District Court, Eastern District of CaliforniaOctober 7, 2015LEAD CASE NO.: 1:14-cv-60-LJO-SAB MEMBER CASE NOS.: 1:13-cv-1618-AWI-SKO 1:13-cv-1822-AWI-GSA 1:14-cv-369-MJS 1:14-cv-430-LJO-SAB 1:14-cv-816-LJO-SAB 1:14-cv-1074-LJO-GSA 1:14-cv-1226-LJO-SAB 1:14-cv-1395-LJO-SAB 1:14-cv-1559-LJO-SAB 1:14-cv-1697-LJO-DLBCalifornia9,294 words

Opinion

Lead Opinion

Lawrenceneill, J.

MEMORANDUM DECISION AND ORDER RE FINDINGS AND RECOMMENDATIONS (Doc. 164) RE DEFENDANTS’ MOTIONS TO DISMISS (Docs. 138, 140)

I. INTRODUCTION

Coccidioidomycosis, commonly known as “Valley Fever,” is an infection caused by inhaling the spores of the fungus Cocci-dioides, which is endemic to the soil throughout the southwestern United States, and is particularly prevalent in California’s San Joaquin Valley. 1 Valley Fever infections generally-cause mild flu-like symptoms (or no symptoms at all), but the “disseminated” form of the disease, which occurs when the infection disseminates beyond, the lungs and into other parts of the body, can cause serious, life-long health complications, and even death. Some groups of individuals, including certain ethnic groups, individuals over the age of 55, and individuals with compromised immune systems, are particularly susceptible of developing disseminated Valley Fever.

This consolidated action is one of‘many civil rights cases currently pending in this *1236 district brought under 42 U.S.C. § 1983 (“§ 1983”) by current and former inmates who contracted Valley Fever while incarcerated at prisons located in the San Joaquin Valley, where cocci…

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