Stambaugh

(PC) Spence v. Stambaugh

Good Law
United States District Court, Eastern District of CaliforniaMarch 11, 20212:14-cv-01170California8,582 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GERALD SPENCE, No. 2:14-cv-1170 WBS AC P Plaintiff, v. ORDER and STAMBAUGH, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 I. Introduction Plaintiff Gerald Spence is a state prisoner who proceeds pro se and in forma pauperis under 42 U.S.C. § 1983. The action proceeds on the Third Amended Complaint (TAC), which challenges plaintiff’s treatment as a pretrial detainee at the Sacramento County Jail on November 11, 2012. See ECF No. 132. Plaintiff alleges that he experienced excessive force at the hands of several law enforcement officers—both City of Sacramento Police Officers and Sacramento County Sheriff’s Deputies—and that a third Deputy and two County Jail nurses failed to protect him from that excessive force. All claims arise from plaintiff’s booking at the Main Jail, during which he refused to participate in the medical intake process and his vital signs were accordingly taken forcibly.…

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