Thomas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DARRYL DUNSMORE, No. 2:17-cv-2355 KJM AC P Plaintiff, v. FINDINGS AND RECOMMENDATIONS M. THOMAS, Defendant. 16 Plaintiff is a state prisoner proceeding with counsel in this civil rights action brought under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Before the court is defendant’s motion for summary judgment. ECF No. 25. Plaintiff has filed an opposition (ECF No. 30), and defendant has filed a reply (ECF No. 31). For the reasons stated below, the undersigned will recommend that the motion for summary judgment be denied. I. FIRST AMENDED COMPLAINT The First Amended Complaint presents three claims arising from events that occurred in February 2017 while plaintiff was a patient at California Health Care Facility (“CHCF”): (1) excessive force in violation of the Eighth Amendment; (2) negligence; and (3) battery. …