Newsom
(PC) Johnson v. Newsom
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELLIS JOHNSON, No. 2:21-cv-0828 KJN P Plaintiff, v. ORDER KATHLEEN ALLISON, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, in an action brought under 42 U.S.C. § 1983. Plaintiff’s amended complaint is now before the court. Plaintiff’s Allegations Plaintiff claims his right to be free from cruel and unusual punishment under the Eighth Amendment was violated by defendants’ failure to protect plaintiff from COVID-19. Plaintiff alleges he is medically high risk, based on lichen simplex chronicus, hypertension, gastroesophageal reflux, and chronic obstructive pulmonary disease, and he is over the age of 50. He alleges he is not being adequately protected from COVID-19 due to inadequate sanitation, inadequate isolation from symptomatic people, inadequate quarantine of exposed people, inadequate exclusion of symptomatic or exposed staff, and inadequate testing and reporting. 27 …