Ducart

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JORGE ANDRADE RICO, No. 2:19-cv-1989 KJM DB P Plaintiff, v. ORDER CLARK E. DUCART, et al., Defendants. 15 Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. Plaintiff challenges the operation of the Guard One Security Check system, implemented in specific units in California’s prisons as a suicide prevention measure, claiming defendants’ use of the Guard One system has caused him to suffer sleep deprivation in violation of his rights under the Eighth Amendment. Defendants moved to stay these proceedings pending the resolution of an appeal pending before the Ninth Circuit from an order issued in Rico v. Ducart, 2:17-cv-1402 KJM DB P, which also involves a challenge to the use of Guard One. In Rico, defendants have appealed the court’s denial of qualified immunity to some defendants. On November 20, 2020, the Ninth Circuit reversed the…