Bazzo
Bazzo v. Brazil CA5
Opinion
Opinion
BACKGROUND
We glean the following vague facts from the trial court’s order granting summary judgment: Bazzo is a prisoner, and Brazil is an officer at the prison where Bazzo is housed. One day, Brazil “release[d]” inmates from two “sections” so that those inmates could get their medications dispensed to them. Bazzo was assaulted by other inmates, and Brazil “immediately responded to the altercation[.]” Bazzo sued for negligence and alleged Brazil conspired with the inmates to allow him to be attacked. It also appears Bazzo alleged that some of his personal property was lost or damaged, which he blames on Brazil. It is unclear from the order what else happened or what specific causes of action besides negligence Bazzo sued for. In any event, Brazil moved for summary judgment, and the court granted the motion and entered a judgment for him. Because Bazzo filed his notice of appeal before the trial court entered judgment on its order granting summary judgment, the notice of appeal was premature. Nonetheless, we have jurisdiction to consider this appeal. This is because we “may treat a notice of appeal filed after the superior court has announced its intended ruling, but before it…