Harris

Harris v. Recek CA5

Good Law
Court of Appeal of CaliforniaJuly 16, 2014F066213California3,461 words

Opinion

Opinion

INTRODUCTION

Plaintiff, a prisoner, filed a civil complaint against several employees of the California Department of Corrections and Rehabilitation. He maintained several causes of action arising from allegations that he was denied a single dinner meal, placed on property restriction for violating prison rules and was made to bear the weight of a 10- pound security triangle1 for 15 minutes. In October 2011, the superior court sustained defendants’ demurrer to plaintiff’s complaint. The superior court granted leave to amend as to some causes of action, while denying leave to amend as to other claims. Plaintiff filed a second amended complaint against respondents, Sergeant Rasley and Correctional Officers Mendoza, Rollins, Velasco, Recek, Sanchez, and Capano. The complaint contained 12 causes of action, and defendants demurred to all of them. This time, the superior court sustained the demurrer and denied leave to amend as to all causes of action. Plaintiff appeals from the resultant judgment of dismissal. We conclude that the court properly sustained the demurrer as to all causes of action, including plaintiff’s claim that the confiscation of his legal paperwork violated his…

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