Hanlon

(PC) Botello v. Hanlon

Good Law
United States District Court, Eastern District of CaliforniaMarch 26, 20202:18-cv-00162California3,590 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VICTOR HUGO BOTELLO, No. 2:18-cv-162-TLN-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS S. HANLON, et al., Defendants. 16 Plaintiff is a state prisoner proceeding with counsel in this action brought pursuant to 42 U.S.C. § 1983. Defendant Hanlon moves for summary adjudication, arguing that he is immune from suit on plaintiff’s state-law negligence claim. ECF No. 34. For the reasons that follow, the motion for summary judgment should be granted. I. Background This action proceeds on plaintiff’s first amended complaint, ECF No. 15, which alleges alleges as follows: On January 18, 2017, Hanlon, a correctional officer at California State Prison, Solano (“CSP-Solano”), issued plaintiff a Rules Violation Report (“RVR”) for possession of an inmate-manufactured weapon, a cell phone, and weapon stock. Id. at 2. Hanlon’s RVR included a fabrication that plaintiff had made an admission implicating himself and…

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