Lewis
Lewis v. Brumfield
Opinion
Trial Court Opinion
INTRODUCTION
15 Plaintiff Daronta T. Lewis alleges that guards at the Martinez Detention Facility 16 used excessive force against him on April 29, 2020 and May 8, 2020 in retaliation for 17 filing grievances against jail staff. His 42 U.S.C. § 1983 complaint containing these 18 allegations is now before me for review pursuant to 28 U.S.C. § 1915A(a). 19 Lewis has stated cognizable First and Eighth Amendment claims against Sergeant 20 Cody Golden, Cory Thurman, Sergeant Michael Brumfield, and Deputy Sheriff Alfonzo. 21 All other claims and defendants are DISMISSED. 22 The Court directs defendants Golden, Thurman, Brumfield, and Alfonzo to file in 23 response to the operative complaint a dispositive motion, or a notice regarding such 24 motion, on or before October 23, 2023.
BACKGROUND
26 I initially dismissed this federal civil rights action because Lewis’s third amended 27 complaint “failed to cure the defects of Lewis’s original pleading, the TAC is prolix and amendment would be futile.” (Order of Dismissal, Dkt. No. 30 at 1.) Lewis appealed. (Dkt. No. 32.) The Ninth Circuit Court of Appeals issued an order that said in part:
3 The district court correctly…