Morris
Morris v. Scott Kernan
Opinion
Trial Court Opinion
I. Background
11 This lawsuit is about an inmate, Jason Morris, who was murdered by his cellmate while 12 incarcerated at California’s Wasco State Prison, where Defendant John Sutton was the warden. 13 Jason’s wife, Plaintiff Jennifer Morris (“Plaintiff”), filed this lawsuit, alleging that (1) Sutton 14 negligently failed to protect Jason from being murdered by his cellmate and (2) several unnamed 15 “Doe” defendants — who are presumably prison workers at Wasco State Prison — violated 16 Jason’s federal rights while acting under color of state law. 17 Based on these allegations, Plaintiff has pleaded the following four claims for relief: (1) a 18 claim against several unnamed Doe defendants pursuant to 42 U.S.C. § 1983 for violating Jason’s 19 and Plaintiff’s rights under federal law; (2) a claim against several unnamed Doe defendants 20 pursuant to California’s Tom Bane Civil Rights Act, Cal. Civ. Code § 52.1(b), for violating 21 Jason’s and Plaintiff’s rights under California and federal law; (3) a negligence claim against 22 Defendant Sutton and several unnamed Doe defendants for negligently failing to protect Jason 23 from being murdered by his cellmate; and (4) a wrongful…