Botkin

(PC) Allen v. Botkin

Good Law
United States District Court, Eastern District of CaliforniaAugust 6, 20192:17-cv-01584California5,414 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 EDWARD EARL ALLEN, No. 2:17-cv-1584 WBS DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS B. BOTKIN, Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges defendant used excessive force and retaliated against him. Before the court is defendant’s motion for summary judgment. For the reasons set forth below, the court will recommend defendant’s motion be granted in part and denied in part. BACKGROUND Plaintiff filed his civil rights complaint in this court on July 31, 2017. (ECF No. 1.) Therein, he alleged that on August 13, 2016 at California State Prison-Solano (“CSP-SOL”) defendant Correctional Officer Botkin forced plaintiff into a single pair of handcuffs behind his back despite being told that plaintiff had a medical chrono. That chrono required that a waist chain be used…

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