Simmons
Simmons v. Luke
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOYCE MARIE SIMMONS, Case No. 19-cv-00139-HSG
Plaintiff, ORDER GRANTING DEFENDANT’S
MOTION FOR SUMMARY
v. JUDGMENT
KIMBERLY LUKE, Re: Dkt. No. 23 Defendant.
12 Plaintiff Joyce Marie Simmons filed this pro se civil rights action under Bivens v. Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging that Federal Correctional Institution in Dublin, California (“FCI-Dublin”) Unit Manager Kimberly Luke was deliberately indifferent to her safety, in violation of the Eighth Amendment. Dkt. No. 11. Now pending before the Court is defendant’s motion to dismiss or, in the alternative, for summary judgment. Dkt. No. 23. Plaintiff has filed an opposition, Dkt. No. 26, and defendant has filed a reply, Dkt. No. 27. For the reasons set forth below, the Court GRANTS defendant’s summary judgment motion. BACKGROUND The following facts are…