Wilkins
Wilkins v. Smith CA5
Opinion
Opinion
Snauffer, J.
BACKGROUND
While in prison, Wilkins was searched by prison officials. He described the search as a “degrading/humiliating/unreasonable act in the ‘nude’ in front of so many people --- including ‘women’.”3 He added that he was “coerced” and “threaten[ed]” into compliance, otherwise “he would not get” to his “destination” at “California Health Care Facility.” Amended Complaint4 Wilkins filed an amended complaint on August 19, 2020.5 He alleged several causes of action including First, Fourth, and Eighth Amendment violations, privacy invasion (Civ. Code, § 43), interference with constitutional rights (Civ. Code, § 52.1), intentionally inflicting emotional distress, and mental anguish. The complaint sought injunctive relief and unspecified “compensatory” and “punitive” damages.
2 Undesignated statutory references are to the Code of Civil Procedure. 3 This description is contained within the amended complaint. The Attorney General demurred to Wilkins’s original complaint and the 4 demurrer was sustained with leave to amend. 5 Unless otherwise stated, all references to dates are to dates in 2020.
2. Attempted Default Filing On September 30, Wilkins filled out a “request for…