(PC) Smith v. Gonzales
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LARRY SMITH, 1:17-cv-00436-DAD-GSA (PC)
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. MOTION FOR RECONSIDERATION (ECF No. 78.) J. GONZALES, et al., Defendants.
18 I. BACKGROUND Larry Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s First Amended Complaint filed on June 23, 2017, against defendants Sergeant Gonzales, Correctional Officer (C/O) Johnson, C/O Castro, C/O Miner C/O Florez, and C/O Potzernitz for use of excessive force in violation of the Eighth Amendment; against defendant C/O Scaife for failure to protect Plaintiff in violation of the Eighth Amendment; and, against defendant Sergeant Gonzales for retaliation in violation of the First Amendment. (ECF No. 12.)
1 On February 19, 2020, summary judgment was granted for defendant C/O Fritz. (ECF No. 57.) On…