Ditomas

(PC) Burke v. Ditomas

Good Law
United States District Court, Eastern District of CaliforniaAugust 31, 20212:18-cv-01578California4,613 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHELLE BURKE, No. 2:18-cv-01578 WBS CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DR. MICHELE DITOMAS, et al., Defendants. 16 Plaintiff is a former state prisoner proceeding through counsel in this federal civil rights action filed pursuant to 42 U.S.C. § 1983. This action was initiated by plaintiff, one of the surviving children of Michael Wanless, who died in state custody after he was diagnosed with Stage Four colon cancer. See ECF No. 20 at 2, 4 (first amended complaint). This case is proceeding on an Eighth Amendment deliberate indifference claim against defendants Dr. Dhillon, Dr. McAllister, Dr. Gill, Dr. Ditomas, Dr. Bick, and Dr. Mathis; a Fourteenth Amendment due process claim based on interference with plaintiff’s familial relationship by these same six defendants; and, a state law claim of wrongful death against defendants Dr. Dhillon, Dr. McAllister, Dr. Gill, Dr. Ditomas and Dr. Bick. See ECF No. 21…

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