Thao

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Chakong Thao, et al., No. 2:21-cv-0073 1-KJM-AC Plaintiffs, ORDER v. Jeff Lynch, et al., 1S Defendants. 16 The plaintiffs in this civil rights action are the surviving family of Tou Thao, who 18 allegedly died at the hands of a cellmate in the California State Prison Sacramento. See First Am. Compl. 4§ 3-10, 22, 31, ECF No. 6. They filed this action against the warden, Jeff Lynch, and a 20 psychologist within the prison, Dr. Angela Swarthout. See id. J] 11-13. They allege the warden violated prison policy by assigning Mr. Thao to the same cell as the man who later killed him, 22 and they allege the warden was deliberately indifferent to Mr. Thao’s safety. See, e.g., id. J§ 23, 25, 28,44. They allege the psychologist did not report threats against Mr. Thao’s life, did not 24 attempt to prevent the attack that ended his life, and even encouraged the killing. See, e.g., id. 413. The…