Glosson

ORDER ADOPTING REPORT AND RECOMMENDATION RE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [Doc. # 20]

Plaintiff Michael D. Glosson (“Plaintiff’ or “Glosson”), proceeding pro se, has filed an action under 42 U.S.C. § 1983 . He alleges, while incarcerated at Calipatria State Prison, Defendants used excessive force against him in violation of the Eighth Amendment. Specifically, in January 2004, after assaulting staff and refusing to comply with an order from a correctional officer, Glosson was pepper sprayed by Defendant Morales, another correctional officer. Plaintiff was restrained with his hands cuffed behind his back. Glosson was then escorted by Morales and Bellah, another correctional officer, to Facility A’s program office. While Plaintiff was still handcuffed and “burning from pepper spray,” Morales “kneed, punch[e]d, kicked, spit on, choked, and ram[me]d the plaintiffs head into a wall a number of times.” Officer Bellah punched and kicked Glosson while Glosson was on the ground and handcuffed.

Defendants have moved for summary judgment. The Honorable United States Magistrate Judge Cathy Ann Bencivengo issued a Report and Recommendation (“Report”), recommending Defendants be…