French
(PC) Gosztyla v. French
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 11 RICHARD GOSZTYLA, No. 2:21-cv-01403-DJC-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS MICHAEL FRENCH, et al., Defendants. 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He filed this action on August 6, 2021. ECF No. 1. On November 8, 2021, pursuant to 28 U.S.C. § 1915A(a), the court determined that plaintiff’s complaint alleged potentially cognizable Eighth Amendment claims for excessive force against defendants French, Pfeifer, and Burnette. ECF No. 7. All other claims were dismissed with leave to amend. Id. Plaintiff opted not to amend his complaint. ECF No. 10. Now before the court is defendant French’s motion for summary judgment on the ground that he used no force on plaintiff. For the reasons that follow, the motion for summary judgment must be denied. I. The Complaint Plaintiff is currently housed at CSP Corcoran. The alleged…