Barraillier
Barraillier v. Muniz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MARIO F. BARRAILLIER, Case No. 19-cv-08330-WHO (PR) Plaintiff,
ORDER GRANTING
v. DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT
J. ALVAREZ, et al., Dkt. No. 41 Defendants. 11 12 INTRODUCTION Plaintiff Mario F. Barraillier alleges in this 42 U.S.C. § 1983 suit that two Salinas Valley prison guards used excessive force on him on March 8, 2018, and other guards failed to intervene. He raises both federal and state law claims. Defendants move for summary judgment because he failed to exhaust administrative remedies prior to filing suit and failed to comply with the state’s presentation requirement regarding tort claims. Exhaustion and presentation of tort claims prior to filing suit against a state entity or official are mandatory. Barraillier failed to oppose the motion and never asked for an extension of time to file an opposition. In light of the record before me, defendants’ motion for summary judgment is GRANTED. …