Nieves
(PC) Calloway v. Nieves
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMISI JERMAINE CALLOWAY, No. 2:19-cv-01792-KJM-CKD P Plaintiff, v. ORDER AND D. NIEVES, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on plaintiff’s complaint alleging that defendants Nieves and Luang used excessive force against him and that defendants Mim, Aungst, and Abu were deliberately indifferent to his serious medical needs resulting from the use of force, all in violation of the Eighth Amendment. Currently pending before the court are defendants’ motion for summary judgment. The motion has been fully briefed by the parties. For the reasons explained below, the undersigned recommends granting the motion, in part, and denying it in part. ///// ///// 27 1 Plaintiffs in forma pauperis status was revoked on January 21, 2021. ECF Nos. 32, 36. Plaintiff paid the…