DEA

O'Dea v. Bunnell

Good Law
151 Cal. App. 4th 214·2007 Cal. App. LEXIS 837·59 Cal. Rptr. 3d 684·2007 Cal. Daily Op. Serv. 5921
Court of Appeal of CaliforniaMay 24, 2007C052673California4,293 words

Opinion

Opinion

Robie, J.

As plaintiff Patrick O’Dea acknowledges, serving as a correctional officer is one of the “toughest beat[s] in the State.” This is certainly true if, as plaintiff, alleges, prison officials orchestrate a fight between, rival prison gangs. The question we must resolve in this case is whether defendants Michael Bunnell (an associate warden at Folsom State Prison), Oliver Acuna (a captain at Folsom State Prison), and Alan Baber (a lieutenant at Folsom State Prison) deprived O’Dea (a correctional officer at Folsom State Prison) of his liberty interests under the federal due process clause when he was injured while quelling a fight between rival prison gangs. As we will explain, the answer to this question is “no,” because defendants did not restrain O’Dea.’s, ability to act on his own behalf, even if they orchestrated the fight as O’Dea alleges. 'We therefore a§km fixe yt'fgxxxexxt $xmXMX^,^Xt t'Xfjv defendants.

FACTUAL AND PROCEDURAL BACKGROUND

This case comes to 'us after a grant of summary judgment in favor of defendants. We therefore state the facts in the light most favorable to O’Dea as the party opposing the motion. (County of Los Angeles v. Superior Court (2002) 102…

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