Loterzstain
(PC) Newsome v. Loterzstain
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHELDON RAY NEWSOME, Case No. 2:19-cv-00307-DAD-JDP (PC) Plaintiff, v. ORDER LOTERZSTAIN, Defendant. 16 Plaintiff Sheldon Newsome, a state prisoner proceeding without counsel in this action under 42 U.S.C. § 1983, alleges that defendant Loterzstain violated his First and Eighth Amendment rights by retaliating against him and denying him adequate medical care. Pending before me is plaintiff’s motion for sanctions for spoliation wherein he claims that non-party correctional officer (“CO”) F. Mohmand deliberately destroyed all his legal materials in retaliation for plaintiff’s refusal to engage in abusive conduct towards another inmate. ECF No. 97. Plaintiff seeks sanctions against the California Department of Corrections and Rehabilitation and monetary damages for himself. He also asks that judgment be entered for him on the merits due to CO Mohmand’s conduct. Defendant opposes the motion. ECF No. 101. On review, I…