Towle

(PC) Savary v. Towle

Good Law
United States District Court, Eastern District of CaliforniaApril 27, 20201:18-cv-01305California2,991 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 KEFFIER SAVARY, Case No. 1:18-cv-01305-DAD-EPG (PC) 10 Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING THAT DEFENDANTS’

v. MOTION FOR SUMMARY JUDGMENT ON

LIABILITY GRANTED

T. TOWLE, et al., (ECF No. 47) Defendants.

OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE DAYS

17 I. INTRODUCTION Keffier Savary (“Plaintiff”), a prisoner in the custody of the California Department of Corrections and Rehabilitation, is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case proceeds on Plaintiff’s original complaint (ECF No. 1), on claims against Defendants T. Towle and A. Jaime for excessive force and failure to protect, respectively, in violation of the Eighth Amendment. (ECF No. 13). These claims stem from an incident where Defendant Towle pepper-sprayed Plaintiff in his cell while Defendant Jaime watched. On February 21, 2020, Defendants filed a motion for summary…

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