Adonis

(PC) Miller v. Adonis

Good Law
United States District Court, Eastern District of CaliforniaAugust 29, 20191:12-cv-00353California11,359 words

Opinion

Trial Court Opinion

I. BACKGROUND

25 This case proceeds on Plaintiff’s Third Amended Complaint (“TAC”), filed on July 31, 26 2015. (ECF No. 49) on the following claims and defendants:

a. A claim of deliberate indifference under the Eighth Amendment, against defendants Medina, Chudy, and Frederichs;

b. A claim under the Bane Act against defendant Medina;

3 (ECF No. 69; ECF Nos. 92, 93 (stipulating to dismissal of Defendants Eddings and Walker with 4 prejudice)). These claims stem from Plaintiff’s allegations that Defendant Chudy promulgates a 5 policy of not providing prisoners wheelchairs and walkers despite their medical needs; 6 Defendant Medina was aware of Plaintiff’s medical needs and disregarded them by ordering 7 Plaintiff to stand on his injured knee and that Plaintiff suffered injury as a result; and Defendant 8 Medina threatened Plaintiff with disciplinary action if Plaintiff did not stand. 9 On October 8, 2018, Defendants Medina and Chudy (collectively “Defendants”) moved 10 the Court for an order to strike the report of Plaintiff’s inmate-expert Darrell Eugene Harris and 11 to exclude any testimony of Mr. Harris. (ECF No. 110). Plaintiff filed an opposition, and…

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