Glenn

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Plaintiff, a prisoner at Pelican Bay State Prison (“PBSP”), filed this pro se civil rights action for damages under 42 U.S.C. § 1983 alleging that on February 8, 2000, while returning to his cell from work during a “lockdown” due to a “white & black war,” Correctional Officer M. Kelly “let two white Ad. Seg. inmate[s] out on [him]” and he was assaulted. Plaintiff further alleges that Correctional Officers M. Berndt, M.D. Yax, R. Kirkland, J. Morrison, R. Drown, E. Young, A. Somera, R. Shellabarger, J. Zueco, A. Paul, T. Wads-worth, S. Preston, T. Ryan and C. Arispe stood by and watched him fight one of the white inmates.

Per order filed on January 29, 2003, the court found that plaintiffs allegations, when liberally construed, stated a cognizable Eighth Amendment claim for deliberate indifference to safety and ordered the United States Marshal to serve defendants. Defendants now move for dismissal/summary judgment on the ground that there are no material facts in dispute and that they are entitled to judgment as a matter of law. They also claim that they are entitled to qualified immunity. Plaintiff has filed an opposition…