COMARLAW COMAR L D. Inder ‘Conner (SBN 243732) 2 inder@comarian com. >» 901 Mission Street, Suite San Francisco, CA, t103 Telephone: +1.415,640.5856 Facsimile: +1.415.513.0445 ‘Attorney for Plaintiff UNITED STATES DISTRICT COURT NORTHERN aa a PND 7 § 85 CASE NO. TIO! BONAHIUE, and DOES 1599, inclusive, Defendants. JOSEPH ZEOLI, Plaintiff, COMPLAINT FOR VIOLATION OF CIVIL AND DISABILITY RIGHTS; 42 | vs. USC. SECTION 1983, 42 US.C. § 12101, et seg, 29 U.S.C. § 794 ‘THE STATE OF CALIFORNIA, IFORNIA DEPARTMENT OF CORRECTIONS AND COMPLAINT FOR VIOLATION OF CIVIL AND DISABILITY RIGHTS; 42 US.C. SECTION 1983, 42 US.C. § 12101, etseq, 29 US.C. § 794Cora nneune | JOSEPH ZEOLI (hereinafter “Plaintiff” or “Mr. Zeoli”) alleges against Defendants (1) the State of California; (2) the California Department of Corrections and Rehabilitation; (3) Sean Donahue; and (4) Does One through ‘Ninety-nine, inclusive (“Defendants”), as follows: NATURE OF THIS ACTION 1. This is a case about the unauthorized disclosure of the HIV status of a prisoner in the California prison system, which resulted in vicious | beatings and the deprivation of life-saving HIV medication. Tellingly, the | deprivation of Mr. Zeoli’s HIV medication — on three separate occasions — are } fully documented in Mr. Zeoli’s chart and medical records on file with California Prison Healthcare Services. Defendants have access to these medical records. | 2. All Defendants acted under color of state authority. The State of | California is the chief body responsible for the deprivation of Mr. Zeoli’s rights; | but its subsidiary agency, the California Department of Corrections and Rehabilitation, as well as individual guards, also engaged in conduct that violates several laws as well as the federal Constitution. 3. Mr. Zeoli respectfully requests that this Court enjoin Defendants, and each of them, from continuing to engage in their unconstitutional and illegal behavior in disclosing the HIV status of patient-inmates and denying patient-inmates access to and the use and benefit of medical services and facilities, based wholly or partly on the fact that the individuals have AIDS or are HIV- infected. Mr. Zeoli also requests that this Court award him damages to compensate him for the harm that he has suffered as a result of Defendants’ unlawful discriminatory and unconstitutional practices. Mr. Zeoli further requests a grant of exemplary damages in an amount sufficient to punish Defendants for their invidious and discriminatory conduct and to set an example of Defendants. URISDICTION AND VENUE COMARLAW 4, This Court has subject matter and supplemental jurisdiction 1 ‘COMPLAINT FOR VIOLATION OF CIVIL AND DISABILITY RIGHTS; “42 US.C. SECTION 1983, 42 US.C. § 12101, et seg, 29 US.C. § 794eA An kee 10 u 12 13, 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 over the claims and causes of action described herein pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1343, 28 U.S.C. § 1367 and 42 US.C. § 1983. 5. Venue is proper in the Northern District of California because a substantial part of the events or omissions giving rise to Mr. Zeoli’s claims occurred at San Quentin State Prison, which is located therein. 28 U.S.C. § 1391(6)(2). 6. Personal jurisdiction over Defendants is proper in this Court because Defendants are either residents of the State of California, an agency thereunder, or a State of the United States within the jurisdiction of this Court. THE PARTIES 7. Plaintiff Joseph Zeoli is a natural person residing in Franklin Square, New York, and was a resident of California during all relevant events described. Mr. Zeoli is infected with the Human Immunodeficiency Virus HIV’). | 8. Defendant State of California is a democratic, constitutional | republic and the 31st state in the United States, and is responsible for the policies, procedures, and practices implemented through its various agencies, agents, | departments, and employees, and for injury occasioned thereby. | 9. Defendant California Department of Corrections and Rehabilitation (hereinafter “CDCR”) is a state agency operated by the State of Califomnia and has control over all California correctional institutions and their prisoners. Upon information and belief, it was and is also the public employer of Defendant Sean Donahue. 10. Defendant Sean Donahue is a natural person who served as a Captain at San Quentin State Prison at all times relevant to this complaint. Upon information and belief, Defendant Sean Donahue was the prison officer chiefly responsible for Mr. Zeoli’s safety while incarcerated at San Quentin State Prison. | Defendant Sean Donahue is sued for damages in his individual capacity and for 2 COMARLAW COMPLAINT FOR VIOLATION OF CIVIL AND DISABILITY RIGHTS; “42 US.C, SECTION 1983, 42 USC. § 12101, et seq, 29 US.C. § 794