Rael
Rael v. Pantoja
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSEPH RAEL, Case No. 20-cv-01932-RMI
Plaintiff,
ORDER RE: DEFENDANTS’ MOTION
v. FOR PARTIAL SUMMARY
JUDGMENT AND JUDGMENT ON
I. PEREZ PANTOJA, et al., THE PLEADINGS Defendants. Re: Dkt. No.
12 Now pending before the court is Defendants’ Motion for Partial Summary Judgment (dkts. 26, 27), seeking summary judgment on exhaustion grounds in favor of Defendants Guerra and Perez-Pantoja (as to Plaintiff’s First Amendment retaliation claim), and Judgment on the Pleadings, on the grounds that the claims for damages are barred by the Eleventh Amendment and that the request for declaratory relief should be dismissed. Plaintiff has responded (dkt. 29), and Defendants have replied (dkts. 33, 34). For the reasons stated below, Defendants’ Motion is granted. MOTION FOR SUMMARY JUDGMENT BACKGROUND Plaintiff, a California state prisoner, has sued two…