Belluomini

Damien Marshjon McDougland v. J. Belluomini, et al.

Good Law
United States District Court, Eastern District of CaliforniaOctober 2, 20252:22-cv-02242California12,216 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAMIEN MARSHJON MCDOUGLAND, No. 2:22-cv-02242 SCR P Plaintiff, v. ORDER AND FINDINGS &

RECOMMENDATIONS

J. BELLUOMINI, et al., Defendants. 16 Plaintiff is incarcerated in state prison and proceeding pro se and in forma pauperis with this civil rights action under 42 U.S.C. § 1983. All eighteen defendants have moved for summary judgment. (ECF No. 57.) For the reasons set forth below, the undersigned recommends defendants’ motion be GRANTED IN PART and DENIED IN PART as follows: 1. Summary judgment should be GRANTED to defendants Belluomini, Bunch, Castille, Dennis, McElroy, Priest, Purtle, Williams, and Bargstadt on plaintiff’s Eighth Amendment excessive force claim; 2. Summary judgment should be DENIED to defendants Strope and Branion on plaintiff’s Eighth Amendment excessive force claim; and 3. Summary judgment should be GRANTED to defendants Abraham, Arciga, Farhat, Reyes, Thomas, and Sarai on plaintiff’s…

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