Spearman
(PC) Davis v. Spearman
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIM DAVIS, No. 2:19-CV-0848-MCE-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MARION SPEARMAN, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendant Spearman’s motion for summary judgment, ECF No. 73, Plaintiff’s Opposition, ECF No. 74, and Defendant Spearman’s Reply, ECF No. 75. 21 I. BACKGROUND This action proceeds on Plaintiff’s original complaint. See ECF No. 1. Plaintiff alleges Defendants Cox, Rodriguez, and Salazar used excessive force against him during an escort through the prison. See ECF No. 1, pgs. 7-9. Plaintiff states that Defendant Rodriguez used Defendant Salazar's baton to knock Plaintiff off his feet. See id. at 9. While Plaintiff was on the ground, Defendant Cox placed his knee on the back of Plaintiff's head and…