Gutierrez

Houston v. Gutierrez

Good Law
United States District Court, Northern District of CaliforniaNovember 28, 20224:22-cv-02475California866 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JIMMY LEE HOUSTON, Case No. 22-cv-02475-JSW

Plaintiff, ORDER GRANTING IN PART

MOTION FOR JUDGMENT ON

v. PLEADINGS; ON PENDING

MOTIONS; SCHEDULING SUMMARY

S. GUTIERREZ, et al., JUDGMENT MOTION Defendants. Re: Dkt. Nos. 4, 14, 15,

Plaintiff, a California prisoner proceeding pro se, filed this civil rights action against three officials at Salinas Valley State Prison (“SVSP”). Defendants have filed a motion for judgment on the pleadings. First, to the extent Plaintiff sues the individual Defendants in their official capacity for relief other than prospective injunctive relief, such claims are barred by the Eleventh Amendment. See Krainski v. Nevada ex rel. Bd. of Regents of Nevada Sys. of Higher Educ., 616 F.3d 963, 967 (9th Cir. 2010). Plaintiff’s excessive force claims against Defendants in their individual capacities, however, are cognizable. Second, Defendants argue that Plaintiff…

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