Kernan

(PC) Anderson v. Kernan

Good Law
United States District Court, Eastern District of CaliforniaDecember 27, 20211:19-cv-00255California4,394 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 HECTOR CLARENCE ANDERSON, Case No. 1:19-cv-255-JLT (PC) Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION FOR SUMMARY JUDGMENT

v. H. ANGLEA, (Doc. 98)

Defendant. Clerk of Court to close the case. 16 Hector Clarence Anderson has filed this civil rights action under 42 U.S.C. § 1983 for injuries sustained during a prison riot. (Doc. 1.) This matter proceeds on Plaintiff’s Eighth Amendment failure to protect claim against Warden Anglea as alleged in the complaint. (See Doc. 24 at 6, 7; Doc. 26.) Defendant has filed a motion for summary judgment, arguing that he was not deliberately indifferent to Plaintiff’s safety, or in the alternative, Defendant is entitled to qualified immunity. (Doc. 98.) Plaintiff filed a response in opposition to summary judgment based on the existence of genuine issues of material fact. (Doc. 101.)1 Defendants filed a reply. (Docs. 102.) The parties in this action have previously consented to Magistrate Judge…

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