Simmons

Simmons v. Luke

Good Law
United States District Court, Northern District of CaliforniaOctober 2, 20204:19-cv-00139California3,123 words

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…

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