Luther
Luther v. County of San Luis Obispo CA2/6
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
The Excessive Force Incident Appellant began working as a Correctional Deputy for the Department in 1990. In 1996, he was promoted to Senior Correctional Deputy. On October 4, 2018, appellant and Correctional Deputy Rene Cadena were stationed at the county jail across from the Medical Isolation Unit (MIU), where inmate Shawn Sleeth was housed. As depicted in surveillance video, appellant approached one of the cells to move another inmate. Sleeth attempted several times to hand appellant mail and appellant told him to “hang on.” Sleeth shoved the mail at appellant and he took it, threw it on the ground, and walked away. When Cadena kicked the mail to get it out of the way, Sleeth thought he was kicking it toward the trash can. Sleeth began yelling obscenities, called appellant a “piece of shit,” and demanded a grievance form. He also kicked his cell door and hit the window with his hand. Appellant went to the window of Sleeth’s cell, removed the curtain, and threw it on the floor. Although Sleeth was glaring at appellant with his hands balled into fists at his sides, appellant unlocked the door to Sleeth’s cell and ordered him to exit the cell. Cadena…