Campbell
Campbell v. Falcon
Opinion
Trial Court Opinion
BACKGROUND
25 On August 15, 2022, Plaintiff Senarble Campbell (“Plaintiff”), an inmate currently 26 incarcerated in the California Health Care Facility (“CHCF”), and proceeding pro se, 27 filed a civil rights complaint pursuant to 42 U.S.C. §1983. [Doc. No. 1.] Plaintiff claims 28 Correctional Officers at Richard J. Donovan Correctional Facility (“RJD”) used excessive force against him in violation of the Eighth Amendment. Id. at 7-8. Plaintiff also alleges Defendants acted with deliberate indifference to his serious medical needs in violation of the Eighth Amendment. Id. at 9-10. Plaintiff seeks compensatory and punitive damages. Id. at 15. On August 15, 2022, Plaintiff also filed a motion to proceed in forma pauperis. [Doc. No. 2.] On August 29, 2022, this Court issued an order granting the motion to proceed in forma pauperis and directing the U.S. Marshall to effect service of the complaint and summons pursuant to 28 U.S.C. §1915(d) and Fed.R.Civ.P. 4 (c)(3). [Doc. No. 3.] On November 21, 2022, Defendants filed a motion to dismiss Plaintiff’s Eighth Amendment deliberate indifference claim on the grounds that it fails to…