Medina
(PC) Cotton v. Medina
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
WESLEY COTTON, Case No. 1:22-cv-00568-JLT-EPG (PC)
Plaintiff,
FINDINGS AND RECOMMENDATIONS TO
v. DENY DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT (ECF NO. 70)
MEDINA, et al.,
OBJECTIONS, IF ANY, DUE WITHIN
Defendants. THIRTY DAYS
16 17 Plaintiff Wesley Cotton is proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. Plaintiff alleged that while he was in a locked caged 19 enclosure in the B yard of Corcoran State Prison (CSP), toxic gas from cannisters used to break 20 up a fight in the C yard drifted over and injured him. 21 Before the Court is Defendants’ Motion for Summary judgment (ECF No. 70), which 22 Plaintiff opposed (ECF No. 79). Defendants filed a Reply. (ECF No. 83). 23 For the reasons stated below, the Court will recommend that Defendant’s Motion for 24 Summary Judgment be DENIED.
I. PLAINTIFF’S COMPLAINT
26 Plaintiff filed the Complaint commencing this action on May 11, 2022. (ECF No. 1). 27…