Mooring
Mooring v. San Francisco Sheriff's Department
Opinion
Opinion
Illston, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
INTRODUCTION
Daniel Mooring, an inmate currently housed at the San Francisco County Jail, filed this pro se civil rights action under 42 U.S.C. § 1983 . Defendant now moves for summary judgment, arguing that plaintiff has not exhausted his administrative remedies, and that defendant is entitled to judgment as a matter of law on plaintiffs deliberate indifference claim and on the defense of qualified immunity. For the reasons discussed below, the court concludes that defendant is entitled to judgment as a matter of law on plaintiffs complaint and on his defense of qualified immunity. Accordingly, the court will grant defendant’s motion for summary judgment.
BACKGROUND
This civil rights action concerns an incident that occurred on May 23, 2002, when Daniel Mooring allegedly was housed unwillingly with gang rivals and was shortly thereafter assaulted by them. The following facts are undisputed unless otherwise noted.
On May 23, 2002, Mooring was incarcerated at the San Francisco County Jail as a pretrial detainee. The lone remaining defendant, Rene Gonzalez, was a San Francisco County Sheriffs deputy working in the…