Chavez
(PC) Tate v. Chavez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LIONEL TATE, SR., No. 2:22-cv-0211 DJC CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS L. CHAVEZ, et al., Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. On October 24, 2022, the court screened plaintiff’s amended complaint as the court is required to do under 28 U.S.C. § 1915A(a). The court found that plaintiff could proceed against defendant Mann for claims arising under the Eighth Amendment and California negligence law regarding Mann’s transporting of plaintiff to the Sierra Conservation Center on September 15, 2016. Defendant Mann’s motion for summary judgment (ECF No. 48) is before the court. I. Summary Judgment Law Summary judgment is appropriate when it is demonstrated that there “is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A…