O'Brien

O'Brien v. Gularte

Good Law
United States District Court, Southern District of CaliforniaJune 30, 20203:18-cv-00980California11,498 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

10 KORY T. O’BRIEN, Case No.: 18-cv-00980-BAS-MDD

Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION FOR SUMMARY

v.

JUDGMENT

LISA GULARTE, et al., [ECF No. 66] 14 Defendants. 15 Plaintiff Kory T. O’Brien, a state prisoner housed at the R. J. Donovan Correctional Facility (“RJD”) in San Diego, California at the time of the relevant events, is proceeding pro se and in forma pauperis with a Second Amended Complaint (“SAC”) pursuant to 42 U.S.C. § 1983. (ECF No. 40.) He claims several RJD prison officials retaliated against him for filing a complaint against one of them by failing to protect him from assault by another inmate, in violation of his rights under the First, Eighth and Fourteenth Amendments to the United States Constitution and various state laws. (Id. at 1–18.) Currently before the Court is a Motion for Summary Judgment by Defendants Bierbaum, Ekwosi and Flores, the only remaining Defendants in this action. (ECF No. 66.) They contend: (1) the undisputed evidence…

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