Marquez

This matter is before the court on defendant’s motions in limine. The court resolves the matters on the pleadings and papers herein, and after oral argument.

I.

PROCEDURAL HISTORY

Plaintiff Vincent Marquez, a state prisoner proceeding pro se, brings this suit against defendant R.J. Gutierrez, a California Department of Corrections officer. It is undisputed that during a prison-yard melée at California State Prison-Sacramento defendant shot plaintiff in the leg with a rifle. The bullet wound is alleged to have caused considerable tissue and bone damage.

After the incident, defendant filed a disciplinary report (referred to in departmental vernacular as a “115”) which accused plaintiff of kicking another inmate, Perez, in the head in the midst of the fracas while Perez was on the ground. Based upon this report, plaintiff was found to have committed a battery on Perez at a prison disciplinary hearing and disciplined by confinement in the secured housing unit (SHU) and the loss of good time credits. On administrative appeal, a senior officer of the Department of Corrections affirmed those findings.

In this suit, brought pursuant to 42 U.S.C. § 1983 , plaintiff asserts that…