United States District Court, D. Nevada
ORDER RE: ECF NO. 149
the court is Plaintiff’s Emergency Motion for
Protective Order of the Court on Oral Deposition (ECF No.
149). Defendants have responded to
Plaintiff’s motion (ECF No. 178) and Plaintiff has
replied (ECF No. 187).
is an inmate in the custody of the Nevada Department of
Corrections (NDOC) and has brought a civil rights action
under 42 U.S.C. § 1983 and the Religious Land Use and
Institutionalized Persons Act of 2000 (RLUIPA) for conduct
that occurred while he was housed at Northern Nevada
Correctional Center (NNCC) and High Desert State Prison
of the myriad of objections Plaintiff has lodged with respect
to the scope and legitimate areas of examination (or even the
taking of his deposition), the court will first review in
some detail the scope and nature of the Plaintiff’s
allegations which the court has allowed to proceed in
Original Complaint & Screening
filed his original complaint, which the court screened. (ECF
Nos. 10, 11.) Plaintiff was allowed to proceed in Count I
with an Eighth Amendment claim for deliberate indifference to
a serious medical need based on allegations that Defendants
Harris and Woods stopped providing treatment for a number of
his mental health disorders. The other claims were dismissed
with leave to amend. (ECF No. 10.)
Amended Complaint & Screening
filed an amended complaint, which the court also screened.
(ECF Nos. 15, 16.) Plaintiff broadened the narrow focus on
the averments in this original complaint and vastly expanded
them in his First Amended Complaint. More specifically,
Plaintiff was allowed to proceed with an Eighth Amendment
deliberate indifference to serious medical needs claim
against NNCC Psychiatrist Harris, NNCC Psychologist Nathaniel
Woods, NNCC Psychologist Kyle, and (now former) Medical
Director Romeo Aranas, alleging that these Defendants stopped
providing him treatment for psychological issues.
Specifically, he claims he is being deprived of adequate
psychotherapy, counseling and rehabilitation, which causes
him physical and psychological suffering.
also allowed to proceed with a claim under RLUIPA, based on
allegations that Woods, Kyle and Aranas would not allow him
to obtain therapy unless he cut his hair and beard, in
violation of his orthodox Jewish faith tenets.
subsequently moved to file a supplemental complaint. (ECF No.
26.) The court granted the motion, noting it would screen the
proposed supplemental complaint. (ECF No. 30.)
court screened the supplemental complaint (ECF No. 36)
wherein the Plaintiff was allowed to proceed with a
retaliation claim in Count IV, based on allegations that he
learned in April of 2018 that an October 2017 disciplinary
charge received from psych nurse Richards was a
“typical form of retribution” by Richards.
Plaintiff alleged that Ownsby advised him that Kyle, Pence
and Wing created deliberate misdiagnoses after learning of
grievances and a lawsuit to evade the need for PTSD
treatment, and Plaintiff has been denied PTSD treatment
because of this. He alleged that Ownsby was in a position to
prevent this, but did nothing.
alleged in Count IV that he was put in the "hole"
by Does 1 and 2 and was threatened with a retaliatory
transfer to ESP over grievances and litigation. This claim
was dismissed without prejudice because Plaintiff did not
identify the particular defendants.
Count V, he was allowed to proceed with Eighth Amendment and
retaliation claims against Woods and Kyle. These claims were
based on allegations that they restricted his access to
mental health services to only a male mental health personnel
to retaliate against him for filing grievances and lawsuit.
Plaintiff alleges that they were trying to alter or suppress
his sexuality and to keep him from seeking mental health
services and to discourage litigation.
Plaintiff asserted a retaliation claim against Does 1 and 2
in Count VI, which was dismissed without prejudice because