District Court Allows Claims, Including Race-Based Claims, To Proceed In Class Action Filed on Behalf of Black and Elderly Inmates Infected by Valley Fever Due to Incarceration at Pleasant Valley and Avenal Prisons

August 20, 2014, United States District Judge Lawrence O’Neill denied a motion brought by Defendants Gov. Brown, Matthew Cate, and other Cal. Dep’t. of Corrections officials to dismiss 8th amendment claims, and race-based claims asserting violation of equal protection asserted by inmates of African descent.  The Amended Complaint alleges that the defendants knew, or should have known, that inmates of African descent were nine times more likely to develop the terminal form of “Valley Fever” (known as “disseminated coccidiodomycosis”) and either intentionally or negligently failed to take action to protect them.  The case will now proceed to the discovery phase. 

Plaintiffs are represented by the firms of Khorrami Boucher, LLP, Feldman & Wallach, and Arias, Ozello, and Gignac, LLP. Judge Lawrence O’Neill’s order, and the recommendations and findings of Magistrate Judge Stanley Boone can be read here:

https://drive.google.com/file/d/0Bx7x7FRX0wM-Q0tHd0RXOHI3Tnc/edit?usp=sharing