Mendez
(PC) Shanks v. Mendez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
DARREN SHANKS, ) Case No.: 1:20-cv-1083 JLT SAB ) Plaintiff, ) ORDER ADOPTING IN FULL FINDINGS AND ) RECOMMENDATIONS GRANTING v. ) DEFENDANTS’ MOTION FOR SUMMARY ) JUDGEMENT E. MENDEZ, et al., ) ) (Doc. 56) Defendants. ) ) )
Darren Shanks asserts his civil rights were violated and seeks to hold the defendants liable for retaliation in violation of the First Amendment pursuant to 42 U.S.C. § 1983. Defendants seek summary judgment on the claim. (Doc. 56.) The assigned magistrate judge found the defendants were entitled to qualified immunity, “because an inmate’s right to refuse to provide information relating to a prison investigation was not clearly established in 2018 (and is not today), [and] no reasonable prison official would have been on notice that their conduct violated Plaintiff's constitutional rights.” (Doc. 56 at 10.) The magistrate judge observed:…