(PC) Concepcion v. California Department of Corrections and Rehabilitation

I. BACKGROUND

21 This action stems from the denial of Plaintiff’s request for sex reassignment surgery 22 (“SRS”)1 by the California Department of Corrections and Rehabilitation (“CDCR”). (See Doc. 23 15 at 2-3.) Plaintiff’s operative claims are (1) deliberate indifference to serious medical needs in 24 violation of the Eighth Amendment against Defendant Diaz in his official capacity as secretary of 25 CDCR, pursuant to 42 U.S.C. § 1983, (2) denial of equal protection of the law in violation of the

1 California Correctional Health Care Services (“CCHCS”) refers to SRS as gender affirming surgery. See, e.g., Supplement to CCHCS/DHCS Care Guide: Gender Dysphoria (Dec. 2018), Cal. Corr. Health Care Servs., Fourteenth Amendment against Defendant Diaz in his official capacity, pursuant to section 1983, and (3) violation of the antidiscrimination provision of the Patient Protection and Affordable Care Act (“ACA”) against Defendants CDCR and CCHCS. (Docs. 16, 19, 24.) Defendants move to dismiss the complaint on the grounds that (a) Plaintiff fails to state a cognizable claim against Defendant Diaz in his official capacity, (b) Plaintiff fails to state a 6 …