Buckley
Buckley v. Gomez
Opinion
Lead Opinion
Stiven, J.
*1219 MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS [35-1]; GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT [51-1], [56-1].
A hearing on Defendants’ Motion to Dismiss was held on July 31, 1997, and a hearing on Defendants’ Motions for Summary Judgment was held August 14, 1997, before the Honorable James F. Stiven, United States Magistrate Judge. Plaintiff Antonio Cortez Buckley, pro se, appeared telephoni-cally, and Mr. Robert F. Helfand, Deputy Attorney General of the State of California, appeared in court representing the Defendants.
I. Procedural History
On September 28, 1995, Plaintiff filed a federal civil rights complaint against seven Defendants: James H. Gomez, Director of the California Department of Corrections (“CDC”); K.W. Prunty, Calipatria Warden; J. Variz, 1 Calipatria Correctional Officer (“C/ O”); J.J. Scott, Calipatria C/0; L. Ricks, Calipatria C/0; Bender, Calipatria C/0; and R. Goodard, Calipatria C/0. On December 5, 1995, Plaintiff filed an Amended Complaint against the same previously-named Defendants.
Defendants Gomez, Prunty, and Goodard have renewed their motions to dismiss based on…