Warren

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN HARDNEY, Case No. 2:16-cv-00172-KJM-JDP (PC) 12 Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANTS’ MOTION FOR

13 v. SUMMARY JUDGMENT BE DENIED 14 R. WARREN, et al., ECF No. 135 15 Defendants. OBJECTIONS DUE WITHIN 14 DAYS 16 17 18 Plaintiff John Hardney is a state prisoner proceeding without counsel in this action 19 brought under 42 U.S.C. § 1983. He alleges two claims under the Eighth Amendment: (1) that 20 defendant Kumeh was deliberately indifferent to his serious medical needs by not providing 21 medical treatment after witnessing other staff use force against him; and (2) that defendant Brazil 22 used excessive force against him.1 Defendants move for summary judgment, arguing that 23 plaintiff cannot show that either defendant violated his Eighth Amendment rights; in the 24 alternative, Kumeh argues that he is entitled to qualified immunity. ECF No. 135. On March 7, 25 2022, I recommended that defendants…