Stinson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 MARLOW R. STALLING, Case No. 2:20-cv-01180-JAM-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANT’S MOTION TO

v. DISMISS BE DENIED A. STINSON, OBJECTIONS DUE WITHIN FOURTEEN

DAYS

Defendant. ECF No. 16 14 15 Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He claims that defendant A. Stinson violated his Eighth Amendment rights by using pepper-spray against him unprovoked. Defendant has filed a motion to dismiss, arguing that this excessive force claim is barred by the favorable termination rule of Heck v. Humphrey, 512 U.S. 477 (1977), and separately that plaintiff’s claim is based on a version of events fundamentally inconsistent with the findings of a prison disciplinary hearing.1 Defendant’s motion should be denied. Factual Background Plaintiff alleges that on October 23, 2019, while he…