Suit Against CDCR for Endangering Prisoners with Covid-19 Advances

To The People

I have a COVID-19 litigation update. My 42 U.S. Code § 1983 civil case no. 21-cv-0055-LAB-Ggs, Williams v. Warden Pollard, Et Al, in the u.s. District Court - Southern district of Calif, survived the Attorney General’s (A.G.) motion to dismiss on 19 January 2022.

I alleged pre-existing health conditions placed me at higher risk of death if exposed to COVID, and that defendants were deliberately indifferent to my risk of exposure to COVID by

1. Providing face masks of poor quality, which don’t protect from exposure (before CDCR started issuing the KN-95’s);

2. housing infected and non-infected prisoners in the same unit and cells;

3. forced double cell housing in conditions which violate and don’t comply with 6 ft social distancing public health orders;

4. poor sanitation of the immediate housing unit, and

5. C.O.’s constantly taking their masks off in the housing unit, was a failure to protect based on a totality of deprivations.

The A.G. moved to dismiss saying:

1. My claims were speculative because 82% of the population was vaccinated so my chance of exposure was minimum;

2. I presented no allegations defendants acted maliciously;

3. I lack standing and the court lack jurisdiction since I have no injury and ‘did not’ contract COVID-19;

4. Injunctive relief claims are moot because the Brown v. Plata, and Coleman v. Brown receivers were already with jurisdiction over medical and addressing the COVID-19 crisis, and

5. My claims are foreclosed by 42 U.S. Code § 1997e, which requires an injury before a money award, but of course the district judge rejected the A.G.’s best efforts. The district judge did, however, dismiss all defendants except Warden Pollard, with leave to amend, and while awaiting this ruling I did test positive for COVID-19 in January 2022.

Many prison administrations, housing lieutenants, sergeants, and officers only care about filling empty bed spaces. They don’t expect prisoners to present a pre-written GA-22 which “request reason why I am being forced to defy current public health orders to practice and maintain 6ft social distance by forced double cell housing,” and/or “request instructions on how to practice and maintain 6ft social distance in double cell housing conditions,” when they come with the “you getting a cellie” speech. “I’m not refusing officer, but before I adhere to your orders or directives to disregard or violate any existing public health orders I need specific instructions on how to keep myself safe” and let’s hope they got a body camera on during this incriminating exchange.

The point is, just because the prison system and its officials don’t care about us don’t mean we don’t care about ourselves. Since the pandemic commenced, I’ve seen too many captives tricked out of their lives by following orders from those who operate a system of violating the law, or rules, to enforce them. The killer then notify next of kin of a captives death and say “I’m sorry for your loss.”

We have to implement our own measures to stay safe and survive, which includes filing suit, and helping others with the information to do the same.

Power To the People!