Burghardt

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 DARRYL BURGHARDT, Case No. 17-cv-00339-BLF

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART PARTIAL

MOTION FOR SUMMARY

J. FRANZ, et al., JUDGMENT Defendants. [Re: ECF No. 98]

12 In this case, Plaintiff Darryl Burghardt brings three claims under 42 U.S.C. § 1983 for alleged violations of his First and Eighth Amendment rights during his incarceration at Pelican Bay State Prison. This order resolves a motion for partial summary judgment brought by Defendants J. Franz, G. Kelley, and K. Bragger. See ECF No. 98 (“MSJ”); see also ECF No. 105 (“Reply”). Burghardt partially opposes the motion. See ECF No. 103 (“Opp.”). The Court held a hearing on this motion on June 16, 2022. For the reasons stated below, the Court GRANTS IN PART AND DENIES IN PART the motion for partial summary judgment. “A party is entitled to summary judgment if the ‘movant…