Diaz

I. BACKGROUND

1 The FAC alleges the following facts. 2 Plaintiff C. Jay Smith is an incarcerated transgender woman currently serving a 25 years- 3 to-life sentence with the possibility of parole. FAC ¶ 1. Ms. Smith’s incarceration at San Quentin 4 State Prison began in 2013 and ended in 2019. Id. ¶ 31. Defendant Diaz was the Secretary of the 5 California Department of Corrections and Rehabilitation (“CDCR”), and Defendant Davis was the 6 Warden of San Quentin, during the relevant period. Id. ¶¶ 18, 19. Defendant Davis has authority 7 over San Quentin, has supervisory authority over correctional staff, and has authority to oversee, 8 review, and approve investigations. Id. 9 While incarcerated at San Quentin, Plaintiff was “the victim of numerous acts of assault, 10 discrimination, harassment, and threats of retaliation related to her gender expression and identity 11 by other people in custody and by CDCR employees.” Id. ¶ 34. Plaintiff alleges that these attacks 12 were the result of the failure by San Quentin and CDCR to implement provisions of PREA, a 13 federal law intended to deter the sexual assault of incarcerated people. Id. ¶¶ 162, 192-199. 14 Plaintiff…