Ducart

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JORGE ANDRADE RICO, No. 2:19-cv-1989 KJM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS CLARK E. DUCART, et al., Defendants. 16 Plaintiff is a state prisoner proceeding through counsel with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that use of the Guard One security and welfare check system in the Security Housing Unit at Pelican Bay State Prison in 2017 and 2018 violated his Eighth Amendment rights. On January 31, 2020, this court heard argument on defendants’ motion to dismiss the complaint on the grounds that they are protected by qualified immunity. Deputy Attorney General Jeffrey Fisher appeared for defendants. Attorney Kate Falkenstien appeared for plaintiff. For the reasons set forth below, this court will recommend defendants’ motion be granted. BACKGROUND I. Implementation of Guard One at Pelican Bay State Prison Coleman v. Newsom is a…