Wesley

Wesley v. Davis

Good Law
333 F. Supp. 2d 888·2004 WL 1962571
United States District Court, Central District of CaliforniaAugust 24, 2004CV 01-4310-WJR(RCX)California2,522 words

Opinion

Opinion

Rea, J.

ORDER RE: DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Having considered the motion, the papers filed in support thereof and in opposition thereto, the oral argument of counsel, and the file in the case, the Court now makes the following decision. Defendants’ Motion for Summary Judgment is GRANTED, in part, and DENIED, in part.

BACKGROUND

Plaintiff Wesley (“Plaintiff’) is a recently released state prison inmate who has brought a lawsuit under 42 U.S.C. § 1983 for alleged violations of his Eighth Amendment rights. Plaintiff had a severe, preexisting back injury that was re-aggravated while doing manual labor in prison. Although he sought prescription and narcotic pain killers from the medical- and prison staff, he was only given “over the counter” pain killers. After multiple unsuccessful requests for more potent drugs, Plaintiff filed an appeal within the prison system. The essence of his lawsuit is that as a result of his appeal, Defendants (most of whom are prison officials and medical personnel) committed various corrupt acts, each of which is depicted in greater detail below, in order to derail his appeal or intimidate him into dropping his appeal. Defendants have moved for…

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