Goode

Goode v. Canedo

Good Law
United States District Court, Southern District of CaliforniaNovember 15, 20233:21-cv-02054California2,161 words

Opinion

Trial Court Opinion

BACKGROUND

21 We recite the facts, “accept[ing] all factual allegations of the complaint as true and 22 draw[ing] all reasonable inferences in favor of the nonmoving party.” TwoRivers v. 23 Lewis, 174 F.3d 987, 991 (9th Cir. 1999). Additionally, the Court “liberally construe[s]” 24 the complaint, in light of Plaintiff’s pro se status. Erickson v. Pardus, 551 U.S. 89, 94 25 (2007) (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). 26 27 On December 13, 2020, Plaintiff, a state prisoner that had tested negative for COVID-19 four days prior, was forced into quarantine with thirty to forty infected inmates. ECF No. 18-1 at 76. Plaintiff protested the move. He explained to Officers Freeman and Meza, the officers tasked with moving Plaintiff into quarantine, that his most recent test was negative. ECF No. 18 at 3. Freeman relayed this information to Defendant Sergeant Canedo, but Defendant ordered Freeman to continue as planned, telling Freeman to “move him now!” Id. Plaintiff was transferred to the quarantine facility, referred to as “D Gym.” Id. When Plaintiff arrived at D Gym, his Continuous Positive Airway Pressure (“CPAP”) machine,…

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