Opinion
No. CIV S-06-0065 LKK GGH P.
July 28, 2010
ORDER
Annexed to this Order is plaintiff's Exhibit List and plaintiff's exhibits. No other exhibits will be permitted unless the procedures set forth in the court's June 9, 2010, Pretrial order are followed.
Accordingly, IT IS HEREBY ORDERED that plaintiff's exhibit lists be deemed plaintiff's proposed exhibits for trial.
Plaintiff's Exhibit List
Exhibit 1 — Dept. Of Corrections Manual, Article 8(1)Exhibit 2 — Same (2)
Exhibit 3 — Same (3)
Exhibit 4 — Disability placement program verification Form
Exhibit 5 — Chrono discontinuing all previous Cane chronos
Exhibit 6 — Disability verification
Exhibit 7 — Lower bunk chrono
Exhibit 8 — January 2004 physician notes
Exhibit 9 — Prison Law Office memorandum
Exhibit 10 — September 24, 2004 physician progress notes
Exhibit 11 — September 21, 2004 physician progress notes
Exhibit 12 — Primary care flowsheet (1)
Exhibit 13 — Primary care flowsheet (2)
Exhibit 14 — April 6, 2004 physician progress notes
Exhibit 15 — Director's Level Appeal decision, dated May 3, 2005
Exhibit 16 — January 25, 2005 memorandum from Warden Runnels
Exhibit 17 — February 4, 2005 letter to plaintiff's mother
Exhibit 18 — Letter to plaintiff from mother (1)
Exhibit 19 — Letter to plaintiff from mother (2)
Exhibit 20 — June 8, 2005 medical progress notes
Exhibit 21 — December 2004 Ad Seg placement notice
Exhibit 22 — Inmate appeal form, dated December 7, 2004, (1)
Exhibit 23 — Same (2)
Exhibit 24 — September 11, 2004 general chrono
Exhibit 25 — Rule Violation Report, dated September 2004 (1)
Exhibit 26 — Same (2)
Exhibit 27 — Same (3)
Exhibit 28 — Same (4)
Exhibit 29 — Medical report of injury, dated September 11, 2004
Exhibit 30 — Physician's progress notes, dated September 2004 (1)
Exhibit 31 — Same (2)
Exhibit 32 — Appeal decision, dated December 13, 2004
Exhibit 33 — Staff misconduct allegation against Rausch
Exhibit 34 — Staff misconduct allegation against Watkins
Exhibit 35 — Staff misconduct allegation against Hitt
Exhibit 36 — Staff misconduct allegation against Look
Exhibit 37 — Director's Level Appeal, dated December 13, 2004
Exhibit 38 — Physician progress notes, dated March 9, 2004
Exhibit 39 — Appeal response, dated October 22, 2004
Exhibit 40 — Physician's order, dated May 5, 2005
Exhibit 41 — Plaintiff's September 16, 2004 letter
Exhibit 42 — Same as Exhibit 37
Exhibit 43 — Radiology record
Exhibit 44 — Medical report, dated June 19, 2007
Exhibit 45 — Medical report, dated December 7, 2007 (1)
Exhibit 46 — Same (2)
Exhibit
Exhibit 9
MEMORANDUMTo: Maria Chan, Deputy Attorney General
From: Mrs. Megan Hagler
Date: March 30, 2005
Re: Plata — Exhausted 602 Medical Concern — Request for Review
Kevin KING, T-80577 HDSP Reg. 1 Mr. King exhausted his administrative remedies on 12/13/04 (IAB # 0404948, HDSP 04-2301). The DLR denies his request for his cane, even though Dr. Dial, who interviewed Mr. King at the first level, wrote in Mr. King's progress notes from the interview that Mr. King's request for a cane was granted. Mr. King, who has chronic back pain that results from an injury, says that walking without a cane is very painful. He also says that he has fallen in the past when walking without a cane.Please respond to the following:
1. Please describe all of the treatment, including diagnostic testing, Mr. King has received related to his complaints about chronic back pain and injury.
2. Is the treatment Mr. King received thus far appropriate for his condition? Please explain.
3. Is there any other treatment or are there any other tests that Mr. King ought to have for his condition? Please explain.
Graph
EX 32
Memorandum APPEAL LOG# HDSP-A-04-02952 SECOND LEVEL RESPONSE Date: December 13, 2004 To: Inmate King, T-80577 Housing Unit DE 123L Subject: APPEAL DECISION: Appeal granted.APPEAL ISSUE: You claim that staff and inmates are threatening you and you feel your life is in danger. You requested to be removed from General Population (G.P.) or to be removed from Facility A.
APPEAL RESPONSE: Inmate King, in reaching a decision in your appeal, your CDC-602 and its attachments, applicable sections of the California Code of Regulations, Title 15, the Department Operations Manual, and your personal interview with Correctional Counselor II T. Kopec on December 10, 2004, were all reviewed and considered.
A review of the High Desert State Prison (HDSP), "Effective Communication List for Inmates with TABE Reading scores 4.0 or Less" indicates you do not need assistance to achieve effective communication.
You are being removed from general population and Facility A, per your request and rehoused in Administrative Segregation pending an investigation into your allegations of staff misconduct and inmates threatening you.
Your request to be removed from G.P. and Facility A is granted. Your allegations of staff misconduct and that inmates are threatening you will be investigated.
Based on the information above, your appeal has been granted.
_____________Signature of T. Felker
T. FELKER
Chief Deputy Warden
c: Central File
Appeal File
EX 33
Memorandum CDC FORM 602, INMATE/PAROLEE APPEAL FORMALLEGING STAFF MISCONDUCT Date: September 17, 2004 To: HIRING AUTHORITY, HIGH DESERT STATE PRISON Subject: RE: INMATE: KING CDC #T80577 HOUSING: A GM330LOG # HDSP-A-04-2320
Staff Name Classifiation E. RAUSCH ID# 2628 CORRECTIONAL OFFICER In compliance with Administrative Bulletin 98/10, Processing of Inmate/Parolee Appeals, CDC Forms 602, Which Allege Staff Misconduct, please review the attached appeal and determine if the complaint warrants a forma Category I or II investigation, or if the complaint shall be investigated by appropriate supervisory staff, or that the appeal does not meet the criteria for assignment as a staff complaint. [] Category I Investigative Services Unit [] Category II Office of Investigative Services [X] Fact Finding Supervisory Staff [] Associate Warden Business Services [] Associate Warden Complex II [] Associate Warden Central Operations [] Health Care Manager [X] Associate Warden Complex I [] ISU [] Does not meet staff complaint criteria, return to the supeals Office for further appeals processing/screening.____________ 9-17-04 Warden / Chief Deputy Warden / Health Care Manager Date Please check the appropriate box to indicate the area responsible for responding to the appeal, sign, and return the form along with the appeal to the Inmate Appeals Office.H. WAGNER / D. JACKSON
Appeals Coordinators
HIGH DESERT STATE PRISON
EX 34
Memorandum CDC FORM 602, INMATE/PAROLEE APPEAL FORM ALLEGING STAFF MISCONDUCT Date: September 17, 2004 To: HIRING AUTHORITY, HIGH DESERT STATE PRISON Subject: RE: INMATE: KING CDC #T80577 HOUSING: A GYM 330LOG: HDSP-A-04-2320
Staff Name Classification MTA WATKINS ID# 66734 MEDICAL TECHNICAL ASSISTANT In compliance with Administrative Bulletin 98/10, Processing of Inmate/Parolee Appeals, CDC Forms 602, Which Allege Staff Misconduct, please review the attached appeal and determine if the complaint warrants a formal Category I or II investigation, or if the complaint shall be investigated by appropriate supervisory staff, or that the appeal does not meet the criteria for assignment as a staff complaint. [] Category I Investigative Services Unit [] Category II Office of Investigative Services [X] Fact Finding Supervisory Staff [] Associate Warden Business Services [] Associate Warden Complex II [] Associate Warden Central Operations [] Health Care Manager [X] Associate Warden Complex I [] ISU [] Does not meet staff complaint criteria, return to the Appeals Office for further appeals processing/screening.__________ 9-17-04 Warden / Chief Deputy Warden / Health Care Manager Date Please check the appropriate box to indicate the area responsible for responding to the appeal, sign, and return the form along with the appeal to the Inmate Appeals Office.H. WAGNER / D. JACKSON
Appeals Coordinators
HIGH DESERT STATE PRISON
EX 35
Memorandum CDC FORM 602, INMATE/PAROLEE APPEAL FORM ALLEGING STAFF MISCONDUCT Date: September 17, 2004 To: HIRING AUTHORITY HIGH DESERT STATE PRISON Subject: RE: INMATE: KING CDC #T80577 HOUSING: A GYM 330LOG # HDSP-A-04-2320
Staff Name Classification D. HITT ID# 1722 SERGEANT In compliance with Administrative Bulletin 98/10, Processing of Inmate/Parolee Appeals, CDC Forms 602, Which Allege Staff Misconduct, please review the attached appeal and determine if the complaint warrants a formal Category I or II investigation, or if the complaint shall be investigated by appropriate supervisory staff, or that the appeal does not meet the criteria for assignment as a staff complaint. [] Category I Investigative Services Unit [] Category II Office of Investigative Services [X] Fact Finding Supervisory Staff [] Associate Warden Business Services [] Associate Warden Complex II [] Associate Warden Central Operations [] Health Care Manager [X] Associate Warden Complex I [] ISU [] Does not meet staff complaint criteria, return to the Appeals Office for further appeals processing/screening.______________ 9-17-04 Warden / Chief Deputy Warden / Health Care Manager Date Please check the appropriate box to indicate the area responsible for responding to the appeal, sign, and return the form along with the appeal to the Inmate Appeals Office.H. WAGNER / D. JACKSON
Appeals Coordinators
HIGH DESERT STATE PRISON
EX 36
Memorandum CDC FORM 602, INMAT/PAROLEE APPEAL FORM ALLEGING STAFF MISCONDUCT Date: September 17, 2004 To: HIRING AUTHORITY, HGH DESERT STATE PRISON Subject: RE: INMATE: KING CIC #T80577 HOUSING: A GYM 330LOG # HDSP-A-04-2320
Staff Name Classification S. LOOK ID# 2612 CORRECTIONAL OFFICER In compliance with Administrative Bulletin 98/10, Processing of Inmate/Parolee Appeals, CDC Forms 602 Which Allege Staff Misconduct, please review the attached appeal and determine if the complaint warrants a formal Category I or II investigation, or if the complaint shall be investigated by appropriate supervisory staff, or that the appeal does not meet the criteria for assignment as a staff complaint. [] Category I Investigative Services Unit [] Category II Office of Investigative Services [X] Fact Finding Supervisory Staff [] Associate Warden Business Services [] Associate Warden Complex II [] Associate Warden Central Operations [] Health Care Manager [X] Associate Warden Complex I [] ISU [] Does not meet staff complaint criteria, return to the Appeals Office for further appeals processing/screening.______________ 9-17-04 Warden / Chief Deputy Warden / Health Care Manager Date Please check the appropriate box to indicate the area responsible for responding to the appeal, sign, and return the form along with the appeal to the Inmate Appeals Office.H. WAGNER / D. JACKSON
Appeals Coordinators
HIGH DESERT STATE PRISON
Exhibit
EX 39
Memorandum Date: October 22, 2004 To: Kevin King, T-80577 Housing Unit, A A2 164L High Desert State Prison Subject: SECOND LEVEL ADA APPEAL RESPONSE LOG NO.: HDSP-A-04-02301 DECISION: The appeal is denied.ISSUE: It is the inmate's position that he is disabled due to having a mobility impairment. He states that when transferred to High Desert State Prison (HDSP) his cane was taken and custody has not honored his chrono(s) from Folsom. He states he has valid chronos in his possession.
At the first level of this appeal the inmate requested that his cane be returned and that his chronos be renewed by HDSP. At the second level he states that any decisions that are rendered are discriminating due to a conflict that he had with medical staff on 9/11/04. He feels that the chronos and CDC-1845 he had from Folsom should have been honored when he arrived at HDSP and should supercede any decision made by HDSP.
INTERVIEWED BY: L. Dial, Clinic Physician, on September 24, 2004
FINDINGS: Inmate King, in reaching a decision in your appeal, your CDC-1824, your health record, applicable sections of the California Code of Regulations (CCR) Title 15, the Departmental Operations Manual (DOM), the Armstrong Remedial Plan and your interview were reviewed and considered.
When you arrived at HDSP your existing medical chronos were valid until you were evaluated and new chronos were requested. As was previously stated, you refused an orthopedic examination and your health record does not contain documentation as to the nature of your mobility impairment. Your cane chrono was discontinued on 8/20/04; there has not been a request to renew or to re-instate this chrono. On this same date a new CDC-1845 was completed that states your disability was not confirmed. Your request to have your chronos from Folsom renewed cannot be granted.
A review of the HDSP Effective Communication List for inmates with TABE reading scores of 4.0 or less indicates that you do not require assistance to achieve effective communication.
Based on this information, your appeal is denied
The inmate is advised that this issue may be submitted for a Director's Level of Review if desired.
_________________,
Richard W. Sandham, MD
Chief Medical Officer
High Desert State Prison
Exhibit
EX 2 DIRECTOR'S LEVEL APPEAL DECISION
Date: DEC 1 3 2004 In re: King, T-80577 High Desert State Prison P.O. Box 750 Susanville, CA 96127-0750 IAB Case No.: 0404948 Local Log No.: HDSP 04-2301 This matter was reviewed on behalf of the Director of the California Department of Corrections (CDC) by Appeals Examiner B. Sullivan. All submitted documentation and supporting arguments of the parties have been considered.I APPELLANT'S ARGUMENT: It is the appellant's position that he is mobility impaired impacting placement (DPM) and that medical staff at High Desert State Prison (HDSP) took his cane from him on September 11, 2004. He claims the medical staff will not honor his chronos from the other institutions nor his Inmate Disability Verification Form (CDC Form 1845). He believes his health and life are in jeopardy. The appellant requests to be medically unassigned and to be given his cane back. The appellant requests to have his chronos honored and updated at HDSP.
II SECOND LEVEL'S ARGUMENT: The reviewer found that when the appellant arrived at HDSP, his existing medical chronos were valid until he was evaluated and new chronos were requested. The appellant refused an orthopedic examination when he first arrived at HDSP and his health record does not contain documentation as to the nature of the appellant's mobility impairment. The appellant's cane chrono was discontinued on August 20, 2004, and there has not been a request to renew or to re-instate this chrono. On August 20, 2004, the appellant received a new CDC Form 1845 that states his disability is not confirmed. The appellant's request to have his chronos from Folsom State Prison (FSP) renewed cannot be granted. The appeal is denied at the Second Level of Review.
III DIRECTOR'S LEVEL DECISION: Appeal is denied.
A. FINDINGS: The appellant received a CDC Form 128-C, Medical Chrono, on March 15, 2004, that deems him full duty with no work restrictions. On August 20, 2004, the physician states that while the patient refused an exam, his medical records do not support his previous DPM status. The appellant is encouraged to cooperate with the health care staff at HDSP to ensure proper diagnosis and treatment of his medical concerns. The Department shall only provide medical services for inmates, which are based on medical necessity and supported by outcome data as effective medical care. Only facility-employed health care staff, contractors paid to perform health services for the facility, or persons employed as health care consultants shall be permitted, within the scope of their licensure, to diagnose illness or prescribe medication and health care treatment for inmates. No other personnel or inmates may do so. After considering the evidence and arguments herein, it has been determined that staff acted appropriately on the appellant's request.
B. BASIS FOR THE DECISION:
Armstrong Remedial Plan: ARPI, ARPII.A, ARPII.F, ARPIV.I.14
California Code of Regulations, Title 15, Section: 3040, 3043, 3044, 3350, 3354
C. ORDER: No changes or modifications are required by the institution.
EX HIGH DESERT STATE PRISON
475-750 Rice Canyon RoadP.O. Box 750
Susanville, CA 96127
(530) 251-5100
Fax: (530) 251-5007
Inmate: KING, KEVIN CDC Number: T80577 Housing: D8-118 DOB: 3/25/58 Doctor: Cox Date: 2/08/06 CHEST: Indication: Hypertension. Findings: The cardiomediastinal silhouette is normal in size and shape. The pulmonary vascularity and hila are normal. No acute pneumonitis or pleural effusion is seen. The visualized osseous structures are unremarkable. IMPRESSION: NO acute cardiopulmonary disease identified. LUMBAR SPINE: Indication: Low back pain. Findings: Disk space narrowing is present at 5-1 with discogenic sclerosis in the adjacent vertebral bodies. Very small traction spurs are evident at the anterior vertebral bodies. There is no spondylolisthesis or lysis. Bony density and alignment are within normal limits. IMPRESSION: 5-1 degenerative disk disease. Date Interpreted: 2/16/06 Frank Renald Hetrick, MD FRH:sja dt: 2/23/06 RADIOLOGIST RADIOLOGY RECORDTHIS REPORT IS BASED SOLELY UPON RADIOLOGICAL EXAMINATION CORRELATION WITH THE CLINICAL EXAMINATION IS ESSENTIAL
Exhibit