California Court of Appeal

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Apollo v. Gyaami, A118431

In a lawsuit brought by plaintiff-state prisoner for personal injury sustained while housed at state medical facility, judgment in favor of defendants is reversed and remanded where: 1) the trial court abused its discretion in granting defendants' summary judgment motion and entering judgment in favor of all defendants without first ensuring that plaintiff's right to meaningful court access to prosecute bona fide civil claims was being protected; 2) on remand, the trial court must first determine whether appellant is indigent; 3) the trial court must determine whether this lawsuit involves a bona fide threat to plaintiff's personal or property interests; and 4) finally, if on remand the trial court determines that appellant is indigent and has a bona fide claim, the trial court must then consider what remedies are available to protect plaintiff's right of meaningful access to the courts.

Appellate Information

  • Decided 10/31/2008
  • Published 10/31/2008

Judges

  • JENKINS, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • John V. Apollo, in propria persona, for Plaintiff and Appellant.

  • For Appellees:
  • Edmund G. Brown Jr. Attorney General, David S. Chaney, Chief Assistant Attorney General, Frances T. Grunder Senior Assistant Attorney General, Michael W. Jorgenson Supervising Deputy Attorney General, Julianne Mossler Deputy Attorney General, for Defendant and Respondent Elizabeth Gyaami.
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