Ottele
Ottele v. Martinez
Opinion
Trial Court Opinion
I. INTRODUCTION
18 Susan Ottele brings this action on her behalf and on behalf of the Estate of Adam J. 19 Collier, who died by suicide while incarcerated at Kern Valley State Prison (KVSP) in Delano, 20 California on October 17, 2020. Defendants are two Corrections Officers who were on duty in 21 Coller’s unit the day Collier died: Oscar Martinez and Aaron Hodges1. On February 16, 2024, the 22 assigned magistrate judge issued Findings and Recommendations to grant Defendants’ motion for 23 summary judgment in its entirety. (Doc. 72.) The Findings and Recommendations concluded that 24 no disputes of material fact remained as to Plaintiffs’ Eighth Amendment deliberate indifference 25 to medical needs and Fourteenth Amendment loss of companionship (substantive due process) 26 claims, and, relatedly, that Defendants are entitled to summary judgment on Plaintiffs’ Bane Act
1 claim, which requires proof of an underlying constitutional violation. (Id. at 7–13.) Finally, the Findings and Recommendations concluded that Defendants are entitled to summary judgment on Plaintiff’s wrongful death and survival action because Defendants’ conduct was not the moving force behind…