Gamboa

(PC) Garces v. Gamboa

Good Law
United States District Court, Eastern District of CaliforniaAugust 21, 20241:21-cv-00392California652 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LUIS MANUEL GARCES, Case No. 1:21-cv-0392 JLT EPG (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

v. SUMMARY JUDGMENT FOR DEFENDANTS

ALLISON, GAMBOA, AND BABB

M. GAMBOA., et al. (Doc. 279) 15 Defendants. 16 Luis Manuel Garces is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983, asserting claims for: (1) excessive force in violation of the Eighth Amendment, (2) deliberate indifference to a serious medical need, and (3) procedural due process in violation of the Fourteenth Amendment. (Docs. 18, 21; see also Doc. 80.) Defendants Allison, Gamboa, and Babb moved for summary judgment on the claims raised against them pursuant to Rule 56 of the Federal Rules of Civil Procedure, asserting these “Defendants did not subject Plaintiff to excessive force, violate his due process rights, or otherwise violate Plaintiff’s constitutional rights in any way.” (Doc. 214 at 1; see also Doc.…

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