Jacobson

INTRODUCTION

19 In this civil rights action, plaintiff moves for summary judgment on defendants’ 20 affirmative defense. For the reasons below, plaintiff’s motion for summary judgment is DENIED.

STATEMENT

22 In June 2017, plaintiff Nicholas Jacobson entered Sutter Health Memorial Hospital with a 23 lumbar spinal fracture following a car accident. He left the hospital for the Martinez Detention 24 Facility (MDF) as a pretrial detainee between June 21 and July 5, 2017. Plaintiff then 25 transferred to a series of hospitals for treatment. In January 2018, he returned to MDF from the 26 hospital. In April 2019, plaintiff filed this action, alleging that at MDF from June 21, 2017, 27 through July 5, 2017, defendants violated the Fourteenth Amendment, the ADA, the 28 Rehabilitation Action, and standards of care. He alleges that he received inadequate medical care during his detainment in 2017 at MDF (Dkt. No. 25 at 2–3). Plaintiff now moves for summary judgment pursuant to Rule 56 on defendants’ affirmative defense that plaintiff failed to exhaust administrative remedies. Defendants oppose and ask the court for judgment in their favor. This order…