Morton

ORDER GRANTING-IN-PART AND DENYIN G-IN-PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [65]

I. INTRODUCTION

Plaintiff Bruce Alan Morton (“Morton”) is an inmate in the California prison system. In June 2003, he was attacked by other inmates who believed he was a child molester. He suffered serious injuries, including a slashed throat. He attributes the attack to the negligence and deliberate indifference of prison officials, who allegedly left his prison file in a location where it could be read by other inmates. He sues correctional officials as well as the attacker inmates on theories of negligence, battery, violation of California civil rights, violation of 42 U.S.C.1983, and unlawful confinement Defendants have filed a motion for summary judgment. For the reasons discussed below, the Court GRANTS-in-part and DENIES-in-part Defendants’ motion for summary judgment. The court dismisses the § 1983 battery and confinement claims without prejudice for failure to exhaust administrative remedies. The Court grants defendants’ motion for summary judgment on the remaining § 1983 claim relating to denial of visitation with minors. The Court declines to exercise supplemental jurisdiction…