Xavier
Xavier v. Tanori
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…