Buckley
Buckley v. Gomez
Opinion
Opinion
Antonio Cortez Buckley, pro se.
Robert F. Helfand, San Diego, CA, for defendants.
MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS [35-1]; GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT [51-1], [56-1].
STIVEN, United States Magistrate Judge.
A hearing on Defendants' Motion to Dismiss was held on July 31, 1997, and a hearing on Defendants' Motions for Summary Judgment was held August 14, 1997, before the Honorable James F. Stiven, United States Magistrate Judge. Plaintiff Antonio Cortez Buckley, pro se, appeared telephonically, and Mr. Robert F. Helfand, Deputy Attorney General of the State of California, appeared in court representing the Defendants.
On September 28, 1995, Plaintiff filed a federal civil rights complaint against seven Defendants: James H. Gomez, Director of the California Department of Corrections ("CDC"); K.W. Prunty, Calipatria Warden; J. Variz, [1] Calipatria Correctional Officer ("C/ O"); J.J. Scott, Calipatria C/O; L. Ricks, Calipatria C/O; Bender, Calipatria C/O; and R. Goodard, Calipatria C/O. On December 5, 1995, Plaintiff filed an Amended Complaint against the same previously-named…