(PC) Valencia v. San Juan

I. BACKGROUND

5 Plaintiff filed the complaint commencing this action on March 28, 2022. (ECF No. 1). 6 Following the Court’s Screening Order (ECF No. 6), Plaintiff elected to proceed on two of his 7 claims (ECF No. 7) against Defendant San Juan. Plaintiff states in the Complaint, twice, that he is 8 suing Defendant in her individual capacity and only seeking damages against her. (ECF 1 at 2, 6). 9 Claim 1 alleged that on August 19, 2021, in her individual capacity, Defendant San Juan 10 acted with deliberate indifference when she committed obstruction and perverted evidence. 11 During an official parole consideration hearing that was conducted via Zoom, Defendant San 12 Juan intentionally deactivated audio and video equipment utilized during the hearing. She did this 13 with the intention of depriving Plaintiff of his due process right to be heard and to have a 14 meaningful hearing. Plaintiff became aware of this unlawful action when Plaintiff noticed that 15 every time he spoke, the screen and audio would shut off. Plaintiff confronted Defendant San Juan in regard to the possibility of the equipment malfunctioning. Plaintiff asked, “How come every time I speak…