Oliver

Montez II v. Oliver

Good Law
United States District Court, Eastern District of CaliforniaJune 25, 20201:18-cv-01510California2,107 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

7 CASE NO. 1:18-cv-01510-AWI-BAM JAMES ROBERT MONTEZ, II,

ORDER ON:

Plaintiff,

1. DEFENDANTS’ MOTION FOR vs. SUMMARY JUDGMENT OR IN THE

ALTERNATIVE SUMMARY

FRESNO COUNTY CORRECTIONAL ADJUCIATION; AND

OFFICER OLIVER; UNKNOWN LAW

ENFORCEMENT OFFICERS; COUNTY 2. DEFENDANTS’ REQUEST TO SEAL

OF FRESNO, CALIFORNIA,

DOCUMENTS

13 Defendant.

(Doc. Nos. 24 and 25)

17 18 19 20 21 Plaintiff James Robert Montez II (“Montez”) sustained injuries to his jaw during a riot in Fresno County Jail in 2017 as a result of actions taken by Defendant Correctional Officer Oliver (“Oliver”). Montez brought this case against Oliver, the County of Fresno and “Unknown Law Enforcement Officers” (collectively, “Defendants”) alleging a federal claim for excessive force under 42 U.S.C. § 1983 (“Section 1983”) and state law claims for battery and negligence. For the reasons set forth below, the Court will grant summary judgment in Defendants’ favor on the …

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