Grimes

Grimes v. Chisum

Good Law
United States District Court, Northern District of CaliforniaSeptember 23, 20193:16-cv-01488California4,981 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSEPH GRIMES, Case No. 16-cv-01488-WHO (PR)

Plaintiff,

ORDER GRANTING

v. DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT

JOHN DUNLAP, et al., Dkt. Nos. 61, 78, and 79 Defendants.

12 INTRODUCTION Plaintiff Joseph Grimes alleges in this 42 U.S.C. § 1983 suit that defendants inflicted cruel and unusual punishment and violated his disability rights by denying him gloves to wear when he operated his wheelchair. Defendants move for summary judgment. Grimes failed to meet the California Probate Code’s requirements to sue the estate of one defendant (Chisum); he sued her supervisor (Dunlap), who never treated Grimes nor supervised his case; and there is no evidence of discrimination based on his treatment. Nor does the record show deliberate indifference. For these reasons, defendants’ motion for summary judgment is GRANTED. BACKGROUND This suit arises from the asserted denial of replacement…

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