Swarthout

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID EDWARDS, No. 2:13-cv-02218 DJC DB P Plaintiff, v. FINDINGS & RECOMMENDATIONS SWARTHOUT, Warden, Defendant.

17 David Edwards, a state inmate now proceeding through counsel, brought this suit under 42 U.S.C. § 1983. In his sole remaining claim, plaintiff alleges defendant, Warden Gary Swarthout, violated his constitutional rights by temporarily imposing restrictions on White inmates in July 2010 at California State Prison in Solano, California (“CSP-Solano”). The parties’ supplemental briefs on defendant’s arguments for claim preclusion and qualified immunity are before the court. (ECF Nos. 58, 61, 62.) Defendant has not met his burden to show he is entitled to summary judgment on either asserted supplemental ground. Even if the court applied the forfeited claim preclusion defense, defendant fails to establish claim preclusion. In addition, defendant is not entitled to qualified immunity from suit.…