Moore

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MERRICK MOORE, an individual, Case No.: 23-CV-0194-GPC-DDL

Plaintiff,

ORDER DENYING DEFENDANTS’

v. MOTION FOR SUMMARY

JUDGMENT

J.J. DURAN et al.,

Defendants. [ECF No. 68] 16 This is a civil rights action pursuant to 42 U.S.C. § 1983 brought by Merrick Moore for the violation of his constitutional rights under the Eighth Amendment. Before the Court is Defendants’ motion for summary judgment. For the reasons set forth below, the Court DENIES the motion. BACKGROUND Procedural History On February 1, 2023, Moore filed a pro se complaint alleging violations of the Eighth Amendment against Defendants, all state correctional employees at Richard J. 25 26 27 Donovan Correctional Facility (RJD), named in their individual capacities. ECF No. 1. In particular, Moore alleges that several Defendants used excessive force against him, that other…