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POLANCO v. DIAZ

No. 22-15496.

76 F.4th 918 (2023)

Patricia POLANCO; Vincent Polanco; Selena Polanco; Gilbert Polanco, Deceased, Plaintiffs-Appellees, v. Ralph DIAZ; Estate of Robert S. Tharratt; Ronald Davis, Warden; Ronald Broomfield; Clarence Cryer; Alison Pachynski, MD; Shannon Garrigan, MD, Defendants-Appellants, and State of California; California Department of Corrections and Rehabilitation; San Quentin State Prison; Louie Escobell, RN; Muhammad Farooq, MD; Kirk A Torres, MD, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 7, 2023.

Attorney(s) appearing for the Case

Joshua C. Irwin (argued), Stefano Abbasciano , and Hima Raviprakash , Deputy Attorneys General; Fiel D. Tigno , Supervising Deputy Attorney General; Chris A. Knudsen , Senior Assistant Attorney General; Rob Bonta , Attorney General; Attorney General's Office; Oakland, California; for Defendants-Appellants.

Michael J. Haddad (argued), Julia Sherwin , Brian Hawkinson , and Teresa Allen , Haddad & Sherwin LLP, Oakland, California, for Plaintiffs-Appellees.

Adam R. Pulver , Allison M. Zieve , and Scott L. Nelson , Public Citizen Litigation Group, Washington, D.C., for Amicus Curiae Public Citizen.

Dissent by Judge R. Nelson

OPINION

A few months into the COVID-19 pandemic, high-level officials in the California prison system transferred 122 inmates from the California Institution for Men, where there was a widespread COVID-19 outbreak, to San Quentin State Prison, where there were no...

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