Quiroz

AMENDED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; APPOINTING COUNSEL; REFERRING CASE TO SETTLEMENT PROCEEDINGS

(Docket No. 246)

This order supersedes ECF Docket No. 308, which was filed in error.

Plaintiff, a state prisoner proceeding pro se, filed a third amended complaint under 42 U.S.C. § 1983 , arguing that prison official defendants violated his federal and state law rights. Defendant Sgt. D. Short has filed a motion for summary judgment. Plaintiff has filed an opposition, and defendant has filed a reply. 1 Having carefully considered the papers submitted, the court GRANTS in part and DENIES in part defendant’s motion for summary judgment.

BACKGROUND

Plaintiff alleges that defendant: (1) violated plaintiffs First Amendment right to be free from retaliation; (2) violated plaintiffs right to association/marry; (3) conspired with other defendants to violate plaintiffs constitutional rights; and (4) violated state law. In response, defendant argues that he is entitled to summary judgment and qualified immunity.

The following facts are taken in the light most favorable to plaintiff.

Plaintiff has been confined in Pelican Bay State…