Fletcher v. Dreesen
2:22-cv-01777
| D. Nev. | Jun 27, 2025Background
- Plaintiff Katherine Dee Fletcher, a Jehovah’s Witness and NDOC inmate at Florence McClure Women’s Correctional Center, refused a mandatory injection due to religious beliefs.
- After refusing, Plaintiff was locked in her cell for several hours, then placed in isolation for 33 days under allegedly unsanitary and hazardous conditions.
- Plaintiff alleges she was denied access to her religious materials, exacerbating her inability to practice her faith, and suffered health problems due to black mold and poor cell conditions.
- Plaintiff also claims that isolation conditions and denial of access to legal materials prevented her from effectively communicating with counsel during a critical stage of her direct criminal appeal.
- The court addresses Defendants’ motion to dismiss all claims and Plaintiff’s objection regarding withdrawal of her voluntary dismissal motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| First Amendment Free Exercise (prison religious practices) | Isolation and denial of religious items violated her free exercise rights. | Quarantine was reasonable due to TB risk and property removed to avoid water damage. | Motion to dismiss denied; claim plausibly stated. |
| Access to Courts | Denial of address book/legal access caused loss on direct criminal appeal. | Appeal decision predates isolation; causation lacking, so no actual injury. | Motion to dismiss granted with prejudice; causation not plausible. |
| Eighth Amendment: Conditions of Confinement | Exposure to mold and slippery, hazardous cell conditions caused health issues. | Slippery floors alone insufficient; no actual fall or standing; qualified immunity. | Motion to dismiss denied; plausible claim under known risk exception. |
| Eighth Amendment: Deliberate Indifference to Medical Needs | Denial of medical care/exposure worsened preexisting conditions and caused harm. | Black mold exposure is not a clearly established, objectively serious condition. | Motion to dismiss denied; facts plausibly allege serious condition. |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (standard for evaluating sufficiency of pleadings under Rule 12(b)(6))
- Turner v. Safley, 482 U.S. 78 (1987) (standard for reasonableness of prison regulations infringing on constitutional rights)
- Anderson v. Cnty. of Kern, 45 F.3d 1310 (9th Cir. 1995) (severe or prolonged lack of sanitation may constitute cruel and unusual punishment)
- Lewis v. Casey, 518 U.S. 343 (1996) ("actual injury" required for access-to-courts claim)