Schrubb

Schrubb v. Simmons

Good Law
United States District Court, Northern District of CaliforniaAugust 29, 20224:12-cv-00418California7,047 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KEVIN R. SCHRUBB, Case No. 12-cv-00418-JSW

Plaintiff,

ORDER GRANTING DEFENDANTS’

v. MOTION FOR SUMMARY

JUDGMENT

R. SIMMONS, et al., Re: Docket. No. 121 Defendants.

12 INTRODUCTION In this pro se prisoner’s civil rights action, Kevin Schrubb complains that he was attacked by his cellmate at Pelican Bay State Prison (“PBSP”). Before the Court is Defendants’ motion for summary judgment. For the reasons discussed below, the motion for summary judgment will be granted and judgment entered in Defendants’ favor. BACKGROUND A. Factual Background The following facts are undisputed unless otherwise noted. In 2007, an inmate named Davis was ordered to share a cell with Plaintiff at PBSP. See ECF No. 93 (“Second Amended Complaint” or “SAC”) at 68-69. Plaintiff represents that Davis informed Defendant Officer Simmons that he refused to be housed with Plaintiff, and on…

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