Garcia

MEMORANDUM DECISION DENYING DEFENDANTS’ MOTION FOR RECONSIDERATION [117-1].

I. INTRODUCTION

The present suit was filed on June 30, 1995. The Plaintiff Roderick Washington, was incarcerated at Centinela State Prison (“Centinela”) during the period for which his allegations are made. All Defendants were employees at Centinela at the time in question.

While he contends Defendants violated his constitutional rights, Plaintiff admits he engaged in numerous incidents of serious misconduct while at Centinela, including physical assaults on staff and disobeying orders. (Pl.’s Mot. Summ. J. ¶3.) Plaintiff admits that on several occasions he “gassed” (threw feces and urine on) numerous staff. (Second Am. Compl. at 15; PL’s Mot. Summ. J. ¶ 5; PL’s Dep. Tr. at 17:10-26, 38:3-7.) Plaintiffs misconduct also included threats of great bodily harm to Centinela staff. (Defs.’ Mot. Summ. J. Exs. E-DD.)

By Memorandum Decision, filed on June 4, 1997, this Court: (1) granted in part and denied in part Defendants’ motions for summary judgment; (2) denied Plaintiffs motion for summary judgment; and (3) denied Defendants’ motion to dismiss. The Court determined that surviving claims and Defendants…