Hart

Hart v. Celaya

Good Law
548 F. Supp. 2d 789·2008 WL 1734845·2008 U.S. Dist. LEXIS 30061
United States District Court, Northern District of CaliforniaApril 11, 2008C 06-02519 CW (PR)California8,910 words

Opinion

Opinion

Wilken, J.

ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT (Docket nos. 34, 81)

Plaintiff Andre L. Hart is a state prisoner, incarcerated at Salmas Valley State Prison (SVSP) when he filed this pro se civil rights action under 42 U.S.C. § 1983 . He alleges that, on March 10, 2005, Defendants Alfred Aguirre, Frank Colburn, Joseph Celaya, Ernie Camarena and Christopher Salopek were involved in an incident in which they (1) used excessive force against Plaintiff and (2) were deliberately indifferent to his serious medical needs. The incident entailed Plaintiffs placement in a holding cell, exposure to pepper spray, and subsequent decontamination.

All Defendants move for summary judgment. Plaintiff opposes Defendants’ motions. For the reasons discussed below, the Court GRANTS Defendants’ motions.

PROCEDURAL BACKGROUND

On April 11, 2006, Plaintiff filed his complaint against Defendants Aguirre, Col-burn, Celaya, Camarena, Salopek, E. Puli-do and Does. On November 1, 2006, the Court issued a screening order finding that Plaintiff had alleged a cognizable claim of excessive force against Defendants Celaya, Colburn, Camarena, Salopek and Aguirre; and that he had alleged a cognizable…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.