Keeton

INTRODUCTION

11 Plaintiff Tommy Keeton alleges in this 42 U.S.C. § 1983 action that correctional 12 officers T. Deslaurier-Rixman, Juan Mora and Jose Gil-Rojas used excessive force against 13 him and that their supervisor Elizabeth Gonzalez failed to intervene. Keeton also alleges 14 that Deslaurier-Rixman violated his First Amendment and due process rights when Keeton 15 filed a Rules Violation Report (“RVR”) against him as an act of retaliation. Defendants 16 initially move for summary judgment on grounds that Keeton has not exhausted his 17 administrative remedies. Keeton did not name Mora, Gil-Rojas or Gonzalez in his 18 grievance (nor attempt to describe them or mention their presence) and therefore has not 19 complied with exhaustion requirements. Summary judgment will GRANTED in favor of 20 Mora, Gil-Rojas, and Gonzalez. 21 In addition, the undisputed facts show that Keeton received sufficient process at the 22 RVR disciplinary hearing. As a result, I will GRANT summary judgment on the due 23 process claims against Deslaurier-Rixman. 24 The First Amendment and excessive force claims against Deslaurier-Rixman 25 remain. The parties should now focus on these claims,…