(PC) Caruso v. Johnson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 GINA CARUSO, CASE NO. 1:15-CV-780 AWI EPG

Plaintiff

ORDER PLAINTIFF’S MOTION FOR

v. PARTIAL SUMMARY JUDGMENT

AND DEFENDANTS’ MOTION TO

OFFICER G. SOLORIO, OFFICER C. STRIKE LOPEZ, SGT. G. INGRAM, and OFFICER D. MARTINEZ, (Doc. Nos. 193, 198) Defendants

14 15 This case arises out of an encounter between incarcerated Plaintiff Gina Caruso (“Caruso”) and Defendant prison guards G. Solorio (“Solorio”), C. Lopez (“Lopez”), D. Martinez (“Martinez”), and Sgt. G. Ingram (“Ingram”) (collectively “Defendants”). Currently pending before the Court is Caruso’s motion for partial summary judgment on an affirmative defense and Defendants’ motion to strike Plaintiff’s motion for summary judgment. For the reasons that follow, Caruso’s motion will be granted, and Defendants’ motion will be denied. Rule 56 Framework Summary judgment is proper when it is demonstrated that there exists no genuine issue as to any material fact,…