Ashker v. Steinberg
Docket: No. 05-15058
Court: Court of Appeals for the Ninth Circuit; June 25, 2007; Federal Appellate Court
An incident at Pelican Bay State Prison involving inmate Todd Ashker led to him being shot by a guard during a fight with another inmate, resulting in injuries to his wrist and arm. In 1995, a jury awarded Ashker damages under 42 U.S.C. § 1983. Subsequently, in 1997, he filed another § 1983 action claiming deliberate indifference to his medical needs in violation of the Eighth Amendment due to inadequate medical care for his injuries. After a failed attempt to amend his complaint in 2001 to include ongoing denials of medical care, Ashker initiated a new § 1983 action later that year, again addressing the lack of medical care. In May 2002, Ashker settled his 1997 complaint, and the district court ruled that this settlement covered the claims in his 2001 complaint. The court affirmed this decision, denying Ashker's motion to include documents from other pending cases since they were not presented to the district court. The settlement agreement's plain meaning was examined, revealing that it released the State of California and its departments from all past, present, or future claims related to his injuries. The agreement specifically addressed Ashker's need for timely pain management, ensuring he would receive compensation, reinstatement of physical therapy, access to a pain management specialist, a pain management program, and an appropriate arm brace. The court concluded that the settlement agreement was intended to bar any Eighth Amendment claims arising before the agreement date, affirming the district court's decision and noting that this opinion is not for publication or citation under 9th Cir. R. 36-3.