Court Denies Private Prison Operator’s Motion To Dismiss Valley Fever Case

Ian Wallach
Law Offices of Ian Wallach
Feldman & Wallach
Media Appearances

Court Denies Private Prison Operator’s Motion To Dismiss Valley Fever Case

March 13, 2014, Bakersfield, CA

By Ian Wallach

In an action arising out of another infection of disseminated coccidiodomycosis at the federal Taft Correctional Institute in Bakersfield, California, the Magistrate issued her findings and recommendations, stating that the plaintiff had pled a viable cause of action and that Management and Training Corporation – who operated the facility – could not escape liability by claiming it had no control over the facility.  It was also clarified that the acquisition of disseminated valley fever constitutes a viable cause of action.  The ruling was on defendant Management & Training Corporation's Motion to Dismiss in Nuwintore v. USA, MTC, 1:13-cv-00967-AWI-JLT.