No. 18-8326

Dana Gray v. V. Romero, et al.

Lower Court: Ninth Circuit
Docketed: 2019-03-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 7th-amendment access-to-court civil-rights constitutional-access due-process expert-testimony medical-care medical-care-claims medical-expert neutral-expert prisoner-rights pro-se-litigation summary-judgment
Key Terms:
DueProcess FirstAmendment
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Whether United States district courts need to reliably appoint neutral medical experts in individual prisoner pro se §42 USC 1983 medical care cases with cognizable claims in which disputed medical facts have been presented to the court in order to prevent preordained negative outcomes and assure prisoner plaintiffs' access to court under the First and Fourteenth Amendments and access to a civil jury under the Seventh Amendment

Question Presented (from Petition)

QUESTIONS PRESENTED . 2 ; I : : 3. . UNITED STATES DISTRICT COURTS NEED TO RELIABLY APPOINT NEUTRAL . 4 MEDICAL EXPERTS IN INDIVIDUAL PRISONER PRO SE §42 USC 1983 MEDICAL 5. CARE CASES WITH COGNIZABLE CLAIMS IN WHICH DISPUTED MEDICAL 6 FACTS HAVE BEEN PRESENTED TO THE COURT IN ORDER TO PREVENT 7 PREORDAINED NEGATIVE OUTCOMES. THESE EXPERTS WILL ASSURE THE 8 PRISONER PLAINTIFFS’ ACCESS TO COURT UNDER THE FIRST AND ; 9 FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND ‘10 ACCESS TO A CIVIL JURY UNDER THE SEVENTH AMENDMENT. 1 . IL. . 12 INDIVIDUAL PRISONER PRO SE §42 USC 1983 MEDICAL CARE CASES WITH 13° COGNIZABLE CLAIMS IN WHICH DISPUTED MEDICAL FACTS HAVE BEEN 14 PRESENTED TO THE COURT ARE EXTRAORDINARY. THEY ARE , 15 EXTRAORDINARY BECAUSE THEY ARE RARE; AND BECAUSE THEY HAVE : 16 SURVIVED 28 USC §1915 A(a-b(1)) SCREENING, PRISON LITIGATION REFORM oO 17 ACT EXHAUSTION AND FAILED ATTTEMPTS AT SETTLEMENT. NEUTRAL . 18 MEDICAL EXPERT OPINION IS REQUIRED TO ADVISE DISTRICT COURTS 19 CONCERNING THE VIABILITY OF THE MEDICAL POSITIONS OF BOTH SIDES IN 20 THE FACE OF MOTIONS TO DISMISS AND/OR MOTIONS FOR SUMMARY 21 . JUDGMENT. 22

Docket Entries

2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-03-29
Waiver of right of respondents Catherine Woodbridge for: Comeli, Romero, Ziomek, Loadholdt and Mundurni to respond filed.
2019-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)

Attorneys

Catherine Woodbridge for: Comeli, Romero, Ziomek, Loadholdt and Mundurni
Catherine WoodbridgeOffice of the Attorney General, Respondent
Catherine WoodbridgeOffice of the Attorney General, Respondent
Dana Gray
Dana Gray — Petitioner
Dana Gray — Petitioner