Robinson
Robinson v. Pickett
Opinion
Lead Opinion
MEMORANDUM **
State prisoner Anthony La Wayne Robinson (“Robinson”) appeals from the district court’s judgment on the jury verdict dismissing his federal civil rights claims and the district court’s grant of summary judgment dismissing his state tort claims. Robinson argued before the district court that three correctional officers (“Officers”), D.E. Redmon (“Redmon”), Michael Garza (“Garza”), and Joseph Dunmire (“Dun-mire”), used cruel and excessive force against him. He claims on appeal that the district court improperly ignored his Fourteenth Amendment cause of action, improperly denied his renewed motion to compel interrogatory responses, and erred in granting summary judgment as to his state tort claims based on a finding that he failed to comply with the California Tort Claims Act (“CTCA”). We affirm the judgment as to Robinson’s federal civil rights claims, but reverse the grant of summary judgment as to his state tort claims.
I. The Fourteenth Amendment as a Separate Cause of Action
Robinson claims that the district court failed to address his Fourteenth Amendment claim. We disagree. Robinson’s civil rights claim that the Officers infringed on his right to be free from…