Gant
(PC) King v. Gant
Opinion
Trial Court Opinion
I. BACKGROUND
21 This action was severed from King v. Villegas, No. 1:17-cv-00676-JLT-EPG (E.D. Ca) 22 (King I), on April 26, 2023. (ECF No. 5). In King I, Plaintiff proceeds on claims of excessive 23 force in violation of the Eighth Amendment against R. Villegas and P. Cruz. King I, ECF Nos. 1, 24 14, & 20. During the pendency of King I, Plaintiff moved to amend the complaint to add 25 additional defendants and claims related to his medical care following the injuries from the 26 excessive force incident at issue in that case. The motion was granted in part, and the Court in King I permitted Plaintiff to file his amended complaint as a separate case—the instant action— 28 with respect to Plaintiff’s “Eighth Amendment claims against Grant and Vitto for failing to provide medical care after the alleged excessive force incident.” (ECF No. 5, p. 2 n.1). The case then proceeded past screening and onto discovery. (ECF Nos. 9, 29, 30). The Court issued an Order directing party to exchange certain documents (ECF No. 30) on October 4, 2023. A month later, on November 6, 2023, Defendants filed Motion for Summary 5 Judgment, asserting that Plaintiff “has failed to…