Wilkins

Wilkins v. Smith CA5

Good Law
Court of Appeal of CaliforniaMay 25, 2023F082992California2,261 words

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…

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