(PC) Smith v. Gonzales

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LARRY SMITH, 1:17-cv-00436-DAD-GSA-PC

Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT

v. DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT BE DENIED

SERGEANT J. GONZALES, et al., (ECF No. 87.)

Defendants. FOURTEEN-DAY DEADLINE TO FILE

OBJECTIONS

19 I. PROCEDURAL HISTORY 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 Meier,1 C/O Flores,2 and C/O Potzernitz for use of excessive force in violation of the Eighth Amendment; against defendant C/O Scaife 26 27 1 Sued as Miner.

2 Sued as Florez. for failure to protect Plaintiff in violation of the Eighth Amendment; and against defendant Sergeant…