Bess

INTRODUCTION

13 Plaintiff, a California prisoner proceeding without attorney representation, filed this civil 14 rights complaint under 42 U.S.C. ' 1983 against Defendant J. Peffley, who was a Sergeant at the 15 California Training Facility (“CTF”) at the time of the events giving rise to this case. Defendant 16 filed a motion for summary judgment, Plaintiff filed an opposition, and Defendant filed a reply 17 brief. Plaintiff recently filed a motion for leave to file a sur-reply, which is GRANTED. For the 18 reasons discussed below, the motion for summary judgment is GRANTED IN PART AND 19 DENIED IN PART. The case is referred to the Court’s Prisoner Mediation Program and 20 STAYED for the duration of the mediation proceedings except as provided below.

BACKGROUND

22 The following facts are not in dispute unless otherwise noted. 23 As of January 2019, Plaintiff had received the lowest available “threat-assessment” score 24 of -22, completed self-help courses, and performed above-average work at his job assignment. 25 26 27 (ECF No. 1 at 5, 15.) He “distanced” himself from “Security Threat Groups” (“STG”) activity,2 as evidenced by CTF officials’ decision, on…