Pimental
Pimental v. Rivera
Opinion
Trial Court Opinion
Background 21 The active complaint is the original complaint, which was filed by Plaintiff pro se. See 22 Doc. No. 1. After the screening process, Plaintiff elected to proceed on a single claim that was 23 found to be cognizable – failure to provide medical care under the Fourteenth Amendment. In 24 short, Plaintiff alleged that after he was arrested, he informed Defendants Rivera and Carrillo that 25 he had swallowed a large amount of narcotics and needed immediate medical assistance, but the 26 Defendants failed to provide any medical assistance until instructed to do so by the jail nurse 27 despite exhibiting significant physical symptoms of drug ingestion. See id. Plaintiff, now through 28 counsel, seeks to add a Fourteenth Amendment excessive force claim based Defendants’ conduct that occurred at the jail and after he informed the Defendants that he needed medical attention for drug ingestion. See id. Specifically, Plaintiff faults Defendants for forcibly placing a spit mask on him (even though he never spat or threatened to spit on anyone), placing him in a restraint chair, and obstructing his breathing by placing their hands over his mouth while he was…