Hooks

(PC) O'Connor v. Hooks

Good Law
United States District Court, Eastern District of CaliforniaOctober 28, 20202:20-cv-00135California865 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GLENN O’CONNOR, No. 2:20-cv-0135 CKD P Plaintiff, v. ORDER J. HOOKS, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. Plaintiff’s second amended complaint is before the court for screening under 28 U.S.C. § 1915A(a). The court has conducted the required screening and finds that plaintiff may proceed on a claim against defendant California Department of Corrections and Rehabilitation arising under Title II of the Americans with Disabilities Act (ADA). As for plaintiff’s claims against Warden Perry, plaintiff has not adequately alleged that she had actual knowledge of plaintiff’s mobility problems which would be required to proceed on a claim arising under the Eighth Amendment based upon conditions of confinement presenting a substantial risk of serious physical harm. Furthermore, plaintiff’s allegations that he was injured…

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