Henry

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RONNIE CHEROKEE BROWN, No. 2:19-cv-2304 KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

D. HENRY, Defendant. 16 Plaintiff is a state prisoner, proceeding without counsel. By separate order, the undersigned found that plaintiff states a potentially cognizable Eighth Amendment claim against defendant Henry based on his alleged use of excessive force on July 24, 2019. In his complaint, plaintiff also asserts a violation of his Fourteenth Amendment rights based on the same claim of excessive force. It appears plaintiff seeks relief for the same conduct under both the Eighth and Fourteenth Amendments. The United States Supreme Court has determined in this context that the Due Process Clause serves no purpose as an alternative basis for relief. “We think the Eighth Amendment, which is specifically concerned with the unnecessary and wanton infliction of pain in penal institutions, serves as the primary source…