Kevin Simmons v. G. Arnett

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN ANGELO SIMMONS, No. 20-55043 Plaintiff-Appellant, D.C. No. v. 2:16-cv-02858-

R-KES

G. ARNETT; ROMO, Sgt, individual

capacity; M. LOPEZ, Nurse, individual capacity, OPINION Defendants-Appellees.

Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding

Argued and Submitted April 14, 2022 Pasadena, California

Filed August 31, 2022

Before: Consuelo M. Callahan and Lawrence VanDyke, Circuit Judges, and Janet Bond Arterton, * District Judge.

Opinion by Judge Callahan; Partial Concurrence and Partial Dissent by Judge Arterton

* The Honorable Janet Bond Arterton, United States District Judge for the District of Connecticut, sitting by designation. SUMMARY **

Prisoner Civil Rights

The panel affirmed the district court’s summary judgment for defendants in an action brought by a California state prisoner alleging excessive force and deliberate indifference to medical needs.

Defendant G. Arnett, a prison guard, shot plaintiff…