Foster

INTRODUCTION

13 The parties have filed competing motions for summary judgment concerning 14 plaintiff Michael Barkarri Foster’s claims that his jailors at Pelican Bay State Prison used 15 excessive force against him in violation of the Eighth Amendment. Foster’s excessive 16 force claims are barred by Heck v. Humphrey, 512 U.S. 477 (1994) because success on 17 such claims would imply the invalidity of the guilty finding against him for battery on a 18 peace officer. Accordingly, defendants’ motion for summary judgment is GRANTED and 19 Foster’s motion for summary judgment is DENIED. Foster may refile suit if the guilty 20 finding is invalidated in one of the ways specified in Heck.

BACKGROUND

22 i. Cell Extraction and Medical Examinations 23 Foster alleges that he was attacked by guards at Pelican Bay State Prison on 24 February 1, 2021:

On 2-1-21, my 8th and 14th amendment rights were violated. The morning of SGT. Puente ordered the cell I occupied (160) to open. When C.O. L. Sullenger opened the cell door, (C.O.’s) D. Eades, C. Crosby, M. Shaffer, (160) I felt my life was in danger so I started fighting. While fighting on my 1 feet, I seen…