Saturday, May 17, 2014

The Ninth Circuit Court criticizes Attorneys for Stonewalling Discovery on Dubious Legal Grounds


In this Calloway v. Veal, No. 13-15605 unpublished decision, the Ninth Circuit reversed the Eastern District of California's summary judgment against defendant Jamisi Jermaine Calloway for failing to provide him an adequate opportunity for discovery on his Eighth Amendment medical indifference claim. While the Court took to task the magistrate judge and district court over its handling of Calloway's discovery requests, it saved its harshest criticism for the attorneys representing the California Medical Facility prison in Vacaville:

The Court noted, “[Defendants] stonewalled Calloway’s public records request for the policy and refused to produce it to him on dubious legal grounds—yet promptly produced it without objection once Plaintiff obtained representation.”

No Disciplinary Action was taken against the attorneys for stonewalling discovery on Bogus legal arguments. Attorneys working for California State Agencies would continue to abuse their 'legal opinion' especially against plaintiff for lack of any accountability.  
edca.typepad.com/eastern_district_of_calif/2014/05/ninth-circuit-reverses-edca-court-over-pro-se-prisoner-discovery-issues.html 

This is not uncommon for Pro Se Plaintiff's to hear Bogus Legal excuses from attorneys working for California State Agencies.

In the matter of Medical Board of California against Dr. Sheikh, a Judge signed a discovery order. San Joaquin County Attorney and California Attorney Generals have refused to comply with the Judge's orders on Bogus grounds. They claim that Judges order was not properly served to them. Dr. Sheikh explained the situation before California Senate.
http://goo.gl/I6EdHM

Dr. Sheikh filed a Motion to Compel in the Federal Court (Eastern District of California). The Same Federal Court did not even hear Dr. Sheikh's Motion to Compel. The Ninth Circuit has also denied hearing so far.
Doctors should also have Access to Justice.

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More on Selective Regulation of Healthcare & Healthcare Professionals;


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