Salas

Salas v. Forkner

Good Law
United States District Court, Northern District of CaliforniaMay 15, 20204:17-cv-00663California2,454 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RAFAEL SALAS, Case No. 17-cv-00663-JST (TSH)

Plaintiff,

DISCOVERY ORDER

v. Re: Dkt. No. 78 FORKNER, Defendants.

12 Plaintiff Rafael Salas, an inmate at Kern Valley State Prison, filed this action pursuant to 42 U.S.C. § 1983 against prison officials at Pelican Bay State Prison, where he was previously housed. As relevant here, he asserts a First Amendment retaliation claim against Defendant Barneburg, alleging that he and a co-Defendant searched Salas’s cell and planted a blade in retaliation for his grievances against other Defendants. ECF No. 51 at 20 (summary judgment order). On summary judgment, Judge Tigar found “a triable issue of material fact as to whether Defendant Barneburg ordered the search of Plaintiff’s cell and planted a blade in Plaintiff’s cell because of Plaintiff’s litigation and grievance activity.” Id. at 31-32. Specifically, Judge Tigar found that:

It is undisputed that, in 2013 and 2014, …

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