Biter

(PC) King v. Biter

Good Law
United States District Court, Eastern District of CaliforniaJune 1, 20231:15-cv-00414California1,816 words

Opinion

Trial Court Opinion

I. INTRODUCTION

18 Larry Donnell King, Sr., was a state prisoner proceeding in forma pauperis with the 19 assistance of counsel in this civil rights action brought pursuant to 42 U.S.C. § 1983. He alleged 20 M.D. Biter, a former Warden of Kern Valley State Prison, violated his civil rights under the 21 Eighth Amendment. Plaintiff asserted that during an inmate classification committee (“ICC”) 22 hearing on August 1, 2013, he told Defendant Biter that he did not want to be housed with Blood 23 gang members due to threats Plaintiff received for not promoting their gang activity. Plaintiff 24 alleged Biter ignored Plaintiff’s concerns and housing requests, after which Plaintiff was attacked 25 by a gang member. 26 The matter went to jury trial beginning on February 28, 2022. (Doc. 233.) On March 3, 27 2023, the jury returned a verdict in favor of Defendant. (Doc. 244.) Defendant filed his bill of 28 costs on March 17, 2023, seeking $4,866.91. (Doc. 247.) Plaintiff filed objections to the bill of costs on April 2, 2023, objecting not to specific cost items but to imposition of any costs under the circumstances, claiming indigence and that imposition of costs could have a…

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