Stewart Manago v. M. Martinez

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. 5:21-cv-01939-MCS-KES Date: June 1, 2023

Title: STEWART MANAGO v. M. MARTINEZ, et al.

PRESENT:

THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE

Jazmin Dorado Not Present Courtroom Clerk Court Reporter

ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR

PLAINTIFF: DEFENDANT:

None Present None Present

PROCEEDINGS (IN CHAMBERS): Order REQUIRING DEFENDANT’S

RESPONSE

Defendant A. Prince has moved for summary judgment on Plaintiff S. Manago’s sole remaining Section 1983 claim of excessive force based on Defendant’s deployment of pepper balls in November 2020 at the West Valley Detention Center. The motion interprets Plaintiff’s excessive force claim as arising under the Eighth Amendment. (Dkt. 38 at 2.) That motion remains pending. When the Court screened Plaintiff’s initial Complaint in December 2021, the Court noted, “Inmates who sue prison officials for injuries suffered while in custody may do so under the Eighth Amendment’s Cruel and Unusual Punishment Clause or, if…