Sims
Sims v. Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DERRICK J. SIMS, Case No. 19-cv-05445-SI
Plaintiff,
ORDER GRANTING IN PART AND
v. DENYING IN PART DEFENDANTS’
MOTION FOR SUMMARY
RALPH DIAZ, et al., JUDGMENT Defendants. Re: Dkt. No.
12 This is a pro se prisoner’s civil rights action under 42 U.S.C. § 1983 in which Derrick Sims alleges that some defendants were deliberately indifferent to a risk to his safety and some defendants used excessive force on him. Defendants now move for summary judgment on the merits of Sims’ claims and on the ground that he failed to exhaust administrative remedies for his excessive-force claim against two defendants. Sims opposes the motion. For the reasons discussed below, defendants’ motion for summary judgment will be granted as to all claims except the excessive force claim against defendant McDonald. The case will be referred to the Pro Se Prisoner Mediation Program. 21 BACKGROUND…