Ducart
(PC) Rico v. Ducart
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JORGE ANDRADE RICO, No. 2:19-cv-1989 KJM DB P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
CLARK E. DUCART, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges that use of the Guard One security and welfare check system in the Security Housing Unit at Pelican Bay State Prison in 2017 and 2018 violated his Eighth Amendment rights. Before the court is defendants’ motion to dismiss on the grounds they are protected by qualified immunity. For the reasons set forth below, this court will recommend defendants’ motion be granted. BACKGROUND I. Implementation of Guard One at Pelican Bay State Prison Coleman v. Newsom is a long-standing class action involving California’s provision of health care to seriously mentally ill prison inmates. Coleman, No. 2:90-cv-0520 KJM DB P (E.D. //// 28 …