Collins

MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT

(Document # 19)

This action arises from an incident in which Plaintiff Peter Collins was attacked by other inmates while incarcerated at the Lerdo Pre-Trial Facility. The court has federal question jurisdiction pursuant to 28 U.S.C. § 1331 over Plaintiffs civil action against the County of Kern, Sheriff Karl Sparks, D.O. Perkins, and D.O. Reynolds.

PROCEDURAL HISTORY

On October 27, 2003, Plaintiff filed a first amended complaint. The first cause of action is brought under 42 U.S.C. § 1983 and alleges a violation of Plaintiffs Eighth Amendment rights. The second cause of action alleges a conspiracy to interfere with Plaintiffs civil rights in violation of 42 U.S.C. § 1985 (c). The third cause of action is brought under 42 U.S.C. § 1983 and alleges a violation of Plaintiffs Fourteenth Amendment rights. The fourth cause of action is brought under 42 U.S.C. § 1983 and alleges a violation of “Due Process.”

On March 21, 2005, Defendants filed a motion for summary judgment. Defendants contend that there are no facts showing that Defendant D.O. Perkins or Defendant D.O. Reynolds were aware of a threat to Plaintiff or…