IN RE TRIFU

No. 1:17-cv-00920-DAD-JLT.

IN RE DORU GABRIEL TRIFU.

United States District Court, E.D. California.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Federal Question: Bivens Act
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Management & Training Corporation, Plaintiff, represented by Kristina Doan Gruenberg , Burke Williams & Sorensen.


ORDER GRANTING REQUEST TO SEAL DOCUMENTS, AND GRANTING IN PART PETITION FOR EMERGENCY INVOLUNTARY MEDICATION, HYDRATION, AND NUTRITION

(Doc. Nos. 2 & 3)

DALE A. DROZD, District Judge.

On July 11, 2017, petitioner Management & Training Corporation (MTC) ("MTC") filed a petition for emergency involuntary medication, hydration, and nutrition of Doru Gabriel Trifu, a federal prisoner in the custody of the Federal Bureau of Prisons ("BOP").1 Concurrently, MTC filed a request to seal the declaration of Dr. Burnett Rucker, and accompanying exhibits, in support of MTC's petition for emergency relief. Good cause appearing, the court will grant MTC's request to file Dr. Rucker's declaration under seal and will grant in part the petition for emergency relief.

Accordingly,

1. Petitioner's request to seal Dr. Rucker's declaration (Doc. No. 3) is granted; 2. The Clerk of the Court is directed to file Dr. Rucker's declaration under seal in this action; 3. Petitioner's petition for emergency relief (Doc. No. 2) is granted in part; 4. For a period of not more than twenty-four (24) hours from the time this order is served, respondent Mr. Doru Gabriel Trifu is ordered to submit to medical treatment deemed necessary by medical officials working on behalf of MTC, including those at Mercy Hospital, to sustain his health or life, including but not limited to the administration of necessary medication, hydration, and nutrition; 5. Petitioner MTC is directed to advise this court not later than 12:00 p.m. on July 14, 2017, as to the nature and extent it has been determined that there is a need for further involuntarily administered medication, hydration, and nutrition, as well as the specific medication, hydration, and nutrition that medical staff has determined to be necessary in order to sustain Mr. Trifu's life and health;2 and 6. The court will issue an order with respect to further emergency relief based upon a satisfactory showing made by petitioner.

IT IS SO ORDERED.

FootNotes


1. Mr. Trifu has been incarcerated at the Taft Correctional Institution ("Taft CI"), in Taft, California. According to BOP records, MTC is the current operator of Taft CI. See CI Taft, https://www.bop.gov/locations/ci/taf/ (last visited Jul. 13, 2017).
2. Petitioner MTC is required to make at least some preliminary showing that involuntary medical treatment is necessary and that MTC has separately met the procedural requirements proscribed under law. See, e.g., Washington v. Harper, 494 U.S. 210 (1990); 28 C.F.R. § 549.60-66.

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