Kurgan

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BOBBY LEE COLLINS, No. 2:23-cv-1600 CSK P Plaintiff, v. ORDER AND KURGAN, ET AL., FINDINGS & RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights complaint under 42 U.S.C. § 1983. Defendants’ fully briefed motion for summary judgment is before the Court. As discussed below, defendants’ motion should be denied. I. PLAINTIFF’S FIRST AMENDED COMPLAINT In his verified first amended complaint, plaintiff alleges that on November 5, 2022, Correctional Officer Kurgan handcuffed plaintiff against the unit six wall while plaintiff was in the medication line at California State Prison, Sacramento. (ECF No. 17 at 3.) Defendant Kurgan then threw plaintiff to the floor, and whispered in plaintiff’s ear that camera isn’t working while kneeing plaintiff a few times. (Id.) Kurgan then pressed his alarm for correctional officers to respond. …