Dwayne Conyers v. Corporal Rodriguez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DWAYNE CONYERS, Case No.: 17cv0127-LAB (AHG)

ORDER GRANTING MOTION

Plaintiff, FOR SUMMARY JUDGMENT v.

CORPORAL MICHAEL RODDY,

15 Defendant. 16 Plaintiff Dwayne Conyers is a California state prisoner proceeding by and through counsel with a Fifth Amended Complaint pursuant to 42 U.S.C. § 1983. (Electronic Case File “ECF” No. 51.) He claims that while in custody of the San Diego County Sheriff’s Department awaiting trial for a criminal offense, and while hospitalized as a result of a prescription medication overdose, he was sexually assaulted and harassed by Defendant San Diego County Sheriff’s Deputy Corporal Michael Roddy. (ECF No. 51-1 at 1-2.) Currently pending is a Motion for Summary Judgment by Defendant Roddy. (ECF No. 89.) Defendant contends there is no genuine issue of material fact in dispute because: (1) the forensic evidence proves Plaintiff’s allegations are false, (2) eyewitness and expert medical evidence show he was…