Sam Bess v. Matthew Cate

MEMORANDUM

Plaintiff Sam Bess appeals the order of the district court granting summary judgment to Defendants on his First Amendment retaliation claim, Fourteenth Amendment due process claims, and Racketeer Influenced and Corrupt Organizations (“RICO”) Act claims. Plaintiff also appeals the orders of the district court striking the declaration of his expert witness and denying his motion to continue summary judgment proceedings. We affirm the decisions of the district court.

In a separate appeal from the same underlying dispute, Defendants Matthew Cate and David Shaw appeal the order of the district court requiring them to produce privileged documents and awarding expenses in favor of Plaintiff. We do not address the appeal of the order to produce privileged documents because that issue is moot in light of our affirmation of summary judgment in the underlying dispute. We affirm the order of the district court awarding attorney’s fees to Plaintiff.

The district court properly granted summary judgment in favor of Defendants on Plaintiffs claim that they retaliated against him for exposing the alleged use of peacekeepers in California prisons. Plaintiffs complaints to Defendant…