Baughman
(PC) Rodriguez v. Baughman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 STEVEN GARCIA RODRIGUEZ, No. 2:18-cv-0655 MCE CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS DAVID BAUGHMAN, et al., Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. On May 13, 2020, the court screened plaintiff’s amended complaint as the court is required to do under 28 U.S.C. § 1915A(a). The court found that plaintiff could proceed on a claim arising under the Eighth Amendment for excessive force against defendant Dr. John H. Friend. Defendant Dr. Friend has filed a motion to dismiss. In his amended complaint, plaintiff alleges he was “tortured” by Dr. Friend on September 12, 2017 by means of electrical shock at California State Prison, Sacramento. Plaintiff asserts that at one point, he asked Dr. Friend to stop shocking him. In response, Dr. Friend turned up the electricity to inflict “max pain.” At some point, Dr. Friend told…