Whitall
Whitall v. Gutierrez
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 RAYMOND RICHARD WHITALL, Case No. 20-cv-00910-CRB
Plaintiff,
ORDER REGARDING MOTIONS
v.
FOR SUMMARY JUDGMENT AND
MOTION FOR SANCTIONS
S.D. GUTIERREZ, et al., Defendants.
In September 2018 Sergeant S.D. Gutierrez called Officer William Welch and instructed him to restrict Raymond Whitall, a prison inmate, to his cell for 30 days. No disciplinary record supported Sergeant Gutierrez’s order; Whitall alleges that he gave his order in retaliation for grievances that Whitall had filed against him. Whitall sued Sergeant Gutierrez for retaliation and both Defendants for violations of his procedural due process rights and various corresponding state-law claims. The Court screened out some of Whitall’s claims, leaving (1) his procedural due process claim against Officer Welch, (2) his state-law claims against Officer Welch, and (3) his retaliation claim against Sergeant Gutierrez. Officer Welch and Sergeant Gutierrez each filed motions for…