Llewellyn v. San Mateo County
3:24-cv-07276
N.D. Cal.Feb 25, 2025Background
- Plaintiff Scott Llewellyn, an inmate at San Mateo County Jail, alleges he suffered a seizure after a fall on May 25, 2024.
- He claims Correctional Officer Lopez delayed responding to the medical alarm by 8-10 minutes, despite other prisoners alerting him.
- Llewellyn asserts this delay constituted deliberate indifference to his serious medical needs in violation of the Eighth Amendment.
- Other defendants—Sgt. Wallace and San Mateo County—were named, but the court found no viable claims against them based on Llewellyn’s allegations.
- The court conducted a preliminary screening under 28 U.S.C. § 1915A, liberally construing the pro se complaint.
- The court ordered service on Lopez and directed Lopez to file a dispositive motion or notice by July 1, 2025.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eighth Amendment Deliberate Indifference | Lopez delayed response to a serious medical need, showing deliberate indifference | Not yet available (defendant has not filed) | Allowed claim to proceed against Lopez |
| Liability of Other Jail Staff (Wallace) | Wallace also failed to act | Not yet available | Claim against Wallace dismissed; no specific inaction alleged |
| Municipal/County Liability | County responsible for guard's inaction | Not yet available | Dismissed; no policy or practice alleged as required under Monell |
| Screening under 28 U.S.C. § 1915A | Complaint states facially plausible § 1983 claim | Not yet available | Claim passes screening against Lopez; others dismissed with prejudice |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (plausibility standard for complaints)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (pleading standard for facial plausibility)
- West v. Atkins, 487 U.S. 42 (requirements for § 1983 claim)
- Board of Cty. Comm’rs. of Bryan Cty. v. Brown, 520 U.S. 397 (municipal liability under § 1983)
- Monell v. Dep’t of Social Servs., 436 U.S. 658 (municipal liability requires policy or custom)
- Fuller v. City of Oakland, 47 F.3d 1522 (respondeat superior not a basis for § 1983 liability)
- Oviatt By and Through Waugh v. Pearce, 954 F.2d 1470 (requirements for municipal liability under § 1983)
- City of Canton v. Harris, 489 U.S. 378 (deliberate indifference standard for municipal liability)
- Estate of Brooks v. United States, 197 F.3d 1245 (need for policy as moving force for liability)