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