Tate

facts in the light most favorable to the nonmoving party and draw all inferences in

that party’s favor.” Id. Taking the facts in the light most favorable to Tate, and

drawing all inferences in his favor, we conclude that genuine disputes of material

fact exist as to both Tate’s First and Eighth Amendment claims. We reverse the

judgment and remand for further proceedings.

Tate’s motion for sanctions (Docket Entry No. 19) is denied.

REVERSED and REMANDED.

2 23-3498