Luna v. California Department of Corrections and Rehabilitation

CourtDistrict Court, N.D. California
DecidedApril 28, 2022
Docket3:20-cv-08097
StatusUnknown

This text of Luna v. California Department of Corrections and Rehabilitation (Luna v. California Department of Corrections and Rehabilitation) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Luna v. California Department of Corrections and Rehabilitation, (N.D. Cal. 2022).

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MARIA C. LUNA, Case No. 20-cv-08097-EMC

8 Plaintiff, ORDER GRANTING DEFENDANTS’ 9 v. MOTION FOR SUMMARY JUDGMENT 10 CALIFORNIA DEPARTMENT OF CORRECTIONS AND Docket No. 30 11 REHABILITATION, et al.,

12 Defendants.

13 14 15 I. INTRODUCTION 16 Plaintiff Maria Luna brought an employment discrimination suit against Defendants the 17 California Department of Corrections and Rehabilitation (“CDCR”) and the California Medical 18 Facility in Vacaville (“CMF”). Plaintiff claims that, while working as a registered nurse at CMF, 19 she experienced an indecent exposure incident (the “IEX”) and several other occasions which she 20 perceived as threats by an inmate patient (the “offending inmate” or “inmate patient”). Plaintiff 21 claims that she suffered physical and emotional injuries as a result of the repeated encounters and 22 Defendants failed to provide accommodations she requested to eliminate her exposure to the 23 offending inmate. Plaintiff thereafter brought a Title VII hostile work environment claim and state 24 law tort claims. 25 The Court heard Defendants’ motion for summary judgment on April 14, 2022. See 26 Defendants’ Motion for Summary Judgment (“MSJ”); Docket No. 30. Having considered the 27 parties’ briefs and arguments presented at the hearing, the Court hereby GRANTS Defendants’ 1 II. FACTUAL & PROCEDURAL BACKGROUND 2 A. Background 3 Plaintiff initially filed charges with the Federal Equal Employment Opportunity 4 Commission (“EEOC”) in September 2018 and obtained a Right-to-Sue letter on August 13, 2020. 5 See Complaint ¶¶ 8-9; Docket No. 1. She filed this suit on November 12, 2020. See Complaint. 6 In her original complaint, she alleges employment discrimination under Title VII, specifically for 7 “repetitive exposure to intimidating and hostile work environment” and “intentional/negligence 8 infliction of emotional distress due to hostile work environment.” See Complaint ¶ 5. 9 Plaintiff is a Filipino-American registered nurse and has been an employee of Defendants 10 since 2004. Opposition (“Opp’n”) at 1; Docket No. 45. During her time working at CMF, 11 Plaintiff has not encountered other incidents similar to the ones underlying this case. Opp’n at 1. 12 Plaintiff started working with the mental health unit at CMF around 2016 or 2017, and her duties 13 as an instructor include educating inmates regarding subjects on mental and medical health issues 14 and assessing inmates’ medical concerns. Plaintiff’s Deposition, Exhibit A to the Declaration of 15 Stefano Abbasciano (“Plaintiff’s Deposition”) at 12:18-24; 14:10-14. When an inmate patient 16 does not act appropriately, such as by disrupting a session, Plaintiff deals with the problem right 17 away before it escalates and calls an officer only if the inmate patient refuses to leave as 18 instructed. Plaintiff’s Deposition at 114:9-21. 19 According to Plaintiff, she works at the mental health unit because it is the only one that 20 fits her schedule, is close to her house, and is convenient for her to attend to family needs. 21 Plaintiff’s Deposition at 24:16-19; 79:20-80:1. 22 B. The IEX Incident 23 On February 9, 2018, while conducting a group class at work, the offending inmate 24 “engaged in threatening behavior towards Plaintiff by exposing himself and masturbating while 25 staring.” Opp’n at 1; Declaration of Maria C. Luna (“Luna Decl.”) at ¶¶ 2, 3. According to 26 Plaintiff, the inmate did not assault, approach, or touch her; Plaintiff escaped the classroom right 27 away and saw guards on duty outside. Plaintiff’s Deposition at 27:15-23; 29:5-17. While 1 injured at work. Plaintiff’s Deposition at 27:8-13. Plaintiff then ordered the inmate to step out of 2 the room, and guards handcuffed him and put him under temporary isolation. Plaintiff’s 3 Deposition at 28:1-9. Plaintiff later filed reports of the IEX incident to her supervisors and 4 officers on duty. Luna Decl. at ¶ 4. 5 C. Prior Encounters with the Inmate 6 The inmate at issue had a history of IEX incidents and other rule violations involving 7 violence prior to the February 9 IEX incident. See Exhibit 2 to the Declaration of Steven N. 8 Williams (“Williams Decl.”), Freeman at 63:14-19; Exhibit D to MSJ at 111-114. Plaintiff recalls 9 that, prior to the February 9 incident, that inmate could have been attending her group class for 10 over a year (“I think I had him attending my class—it could be more than a year.”), and she had 11 not had any safety concerns regarding the inmate’s presence in her classroom. Plaintiff’s 12 Deposition at 31:10-24; 34:23-35:1. The inmate once told Plaintiff when they were alone together 13 during one of her classes that he was in prison for murdering another Asian woman and that he hit 14 her head with a big rock and left her dying on the ground. Luna Decl. at ¶ 5. Plaintiff states that 15 she “didn’t take that like a threat or what because some—some inmates do tell their stories.” 16 Plaintiff’s Deposition at 56:1-15. 17 D. Subsequent Encounters with the Inmate 18 On October 12, 2018, Plaintiff noticed the offending inmate “staring at her through the 19 classroom window when she was working in her classroom.” Opp’n at 2. “Plaintiff was so 20 frightened during this episode that she could not look at the inmate, even while he stood staring at 21 her.” Opp’n at 2; Luna Decl. at ¶ 7. Defendants claim that inmates usually stay in the hallway 22 and are visible from the classroom while they wait for a doctor appointment or a group class. 23 On October 22, 2018, Plaintiff encountered the inmate in the O wing hallway, and he 24 “moved and walked towards the center of the hallway” where Plaintiff was. Opp’n at 2; Luna 25 Decl. at ¶ 8. Defendants suggest that when Plaintiff saw the inmate in the hallway, she stopped to 26 talk to janitorial staff to allow the inmate to continue walking, and the inmate was gone when she 27 finished her conversation. Plaintiff’s Deposition, at 46:10-47:15. 1 On October 26, 2018, Plaintiff submitted a CDC 128-B form1 to the Custody and Nursing 2 Supervisor stating her safety concerns. Opp’n at 3. Plaintiff claims that “Defendants failed to 3 notify Plaintiff of the outcome of the reported stalking incident” and “Defendants could not 4 identify any current staff member who may have reviewed” the 128-B form. Opp’n at 3. 5 Defendants note that, for both encounters in October, “there was no interaction, verbal 6 communication, or physical contact between Plaintiff and the inmate” and “no guard intervention 7 was required.” Plaintiff’s Deposition, at 52:10-20; 55:1-14; 73:5-74:2; 77:12-23. 8 On November 29, 2018, the inmate entered Plaintiff’s classroom unannounced and without 9 cause. The shock of this encounter “caused her severe trauma, chest pain, and hand tremors.” 10 Opp’n at 3; Luna Decl. at ¶ 9. The inmate confronted Plaintiff while standing approximately five 11 feet away from her; this incident left her distraught and she was sent home by the Nursing 12 Supervisor due to her emotional distress. Opp’n at 3. Defendants note that the inmate was in 13 Plaintiff’s classroom to ask if he could join her class, and he left after the second time she ordered 14 him to step out of the room. Plaintiff’s Deposition, at 74:10-76:2. 15 A doctor’s note dated December 13, 2018 writes: “On a psychological basis, Maria Luna 16 is restricted from working in the same building with the inmate that sexually threatened her.” 17 Exhibit 6 to Williams Decl. (“Physician’s Notes”). Similar notes were issued several times from 18 February to November. Plaintiff’s last day at work was December 12, 2018, after which she went 19 on workers’ compensation. Plaintiff’s Deposition, at 81:13-23. 20 E. Plaintiff’s Requests and Defendants’ Responses 21 Plaintiff appears to have made several requests to Defendants on different occasions 22 following the IEX incident and the subsequent encounters.

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Luna v. California Department of Corrections and Rehabilitation, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luna-v-california-department-of-corrections-and-rehabilitation-cand-2022.