Elliott
(PC) Ackerson v. Elliott
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELTON ACKERSON, No. 2:21-cv-2205 WBS KJN P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
ELLIOTT, et al., Defendants. 16 Plaintiff is a state prisoner, appearing pro se and in forma pauperis, in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. This action proceeds on plaintiff’s Eighth Amendment claims against defendants Sgt. Cuneo, Deputy Elliott, and Deputy Hill, all employed at the Sacramento County Main Jail. Defendants’ fully briefed motion for summary judgment is before the court. As discussed below, the undersigned recommends that defendants’ motion be granted. I. Plaintiff’s Amended Complaint In his verified pleading, plaintiff alleges the following. On January 6, 2021, defendant Cuneo violated plaintiff’s Eighth Amendment rights by failing to protect plaintiff from…