Lopez
Lopez v. Thomas
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDREW LOPEZ, Case No. 21-cv-07136-PJH
Plaintiff,
ORDER
v. 9 Re: Dkt. Nos. 25, 30, 33 D. C. THOMAS, Defendant.
12 Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. § 1983. This action proceeds with allegations that without provocation plaintiff and his friend were assaulted by another inmate and plaintiff defended himself. The assailant fell to the ground and plaintiff stood in place several feet away when defendant Correctional Officer Thomas arrived and struck plaintiff in the low left buttock with a baton. Thomas used so much force that plaintiff fell to the ground and suffered a black bruise for three months. The case continues with a claim of excessive force against Thomas. Plaintiff has filed a motion to compel and motion for reconsideration. Plaintiff seeks to compel the following: - Video and sequenced frames of the incident. - Confidential portions of the incident report. - …