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Ninth Circuit Panel Adopts Johanna Schiavoni’s Novel Arguments In Civil Rights Case With Broad Implications Regarding Claims for Medical Treatment

A 3-judge panel of the Ninth Circuit Court of Appeals decided Pride v. Correa, a case with broad implications in civil rights and medical treatment litigation in the State of California. The appellate court adopted Johanna’s arguments for reversal of the trial court’s dismissal of a prisoner’s claim for injunctive relief against a prison facility that is blocking medical treatment duly prescribed by physicians. This was a legal issue of first impression in the Ninth Circuit, and resolved a conflict among numerous lower courts, subsequent to the U.S. Supreme Court’s decision in Plata v. Brown. The Ninth Circuit also largely adopted Johanna’s arguments for reversal of the trial court’s summary judgment of the client’s damages claims and reversal of the trial court’s decision denying the client’s request to conduct additional discovery. The case was remanded for a trial on the merits of the client’s claims.

Pride v. Correa decision.