Ochoa

Ochoa v. Von Lintig

Good Law
United States District Court, Southern District of CaliforniaNovember 15, 20213:19-cv-00346California3,782 words

Opinion

Trial Court Opinion

Facts, see Doc. No. 64-1, and Plaintiff’s Second Amended Complaint, see Doc. No. 14, are not 28 created. Doc. No. 64 at 7; Doc. No. 64-6 (“Ex. 7”). Under federal receivership, CCHCS developed criteria for treating prisoners with Hepatitis C contained in the Hepatitis C Care Guide. Doc. No. 64-1 (“DSS”) at No. 1. CCHCS continues to operate under the supervision of the federal receiver. Id. Defendant, a physician, worked at the Centinela State Prison (“CSP”) Hepatitis C clinic (the “Clinic”) from January 2011 to January 2015. DSS at No. 2. The Clinic was responsible for monitoring patients with Hepatitis C. Id. at No. 3. Pursuant to the CCHCS Care Guide, once patients met certain criteria, the doctors could send a Treatment Authorization Request (“TAR”) to the CCHCS Hepatitis C Virus Oversight Committee. Id. That committee would review the records and determine if further treatment should be ordered. Id. Thus, pursuant to the CCHCS Care Guide, Defendant had no authority to order treatment without approval from the Oversight Committee. Id. On July 3, 2013, Plaintiff was transferred to CSP. Id. at No. 4; see also…

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