Xavier

Xavier v. Tanori

Good Law
United States District Court, Northern District of CaliforniaOctober 13, 20214:19-cv-05587California3,855 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 12 GARY RAYMOND XAVIER, Case No. 19-cv-05587-JSW

Plaintiff,

ORDER GRANTING MOTION FOR

v. PARTIAL SUMMARY JUDGMENT

AND REFERRING CASE TO

C. TANORI, E.W. BEAM. J. RAMIREZ, PRISONER MEDIATION PROJECT and R. FERRARI., Re: Dkt. No. 32 17 Defendants.

19 Plaintiff Gary R. Xavier (“Plaintiff”) is a California state prisoner formerly housed at the 20 Salinas Valley State Prison where the incident giving rise to his claims took place. Plaintiff, 21 originally proceeding pro se, filed a complaint alleging civil rights violations under 42 U.S.C. 22 Section 1983 against four officials for an incident on August 30, 2017 (“the Incident”) during 23 which Plaintiff was sprayed with Oleoresin Capsium (“OC”) pepper spray. Plaintiff alleges 24 claims for relief under Section 1983 against Defendants Correctional Officer C. Tanori, 25 Correctional Sergeant E.W. Beam, and Correctional Officer J. Ramirez for violating his Eighth 26 Amendment rights by using excessive force and failing to…

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