Vargas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ERNESTO VARGAS, Case No. 23-cv-02490-TSH

Plaintiff,

ORDER DENYING MOTION FOR

v. SUMMARY JUDGMENT

L. LOPEZ, et al., Re: Dkt. No. 46 Defendants.

12 I. INTRODUCTION Plaintiff Ernesto Vargas, a state prisoner, brings this civil rights action pursuant to 42 U.S.C. § 1983 against Defendants Correctional Officer L. Lopez-Ortega and Correctional Lieutenant C. Whitman. Vargas alleges Officer Lopez-Ortega forced him into the prison recreation yard, despite knowing he would be attacked by a group of gang-affiliated prisoners. Vargas alleges he was immediately attacked by other inmates, yet Lieutenant Whitman tried to absolve prison staff of any liability by finding him guilty of participating in a riot. Vargas asserts an Eighth Amendment failure-to-protect claim and a state-law negligence claim against Officer Lopez-Ortega. He asserts a First Amendment retaliation claim against Lieutenant…