Hoyt

I. FACTUAL BACKGROUND

26 Plaintiff, a state prisoner proceeding in forma pauperis and represented by counsel, 27 filed a civil rights complaint pursuant to 42 U.S.C. § 1983, claiming various prison officials 28 at Richard J. Donovan Correctional Facility (“RJD”) violated his First and Eighth Amendment rights in April 2017 while he was incarcerated there. ECF No. 12. Plaintiff alleges that Defendants Cruz, Valdovinos, and Ramos handcuffed him, pepper sprayed him, and broke four of his teeth. ECF No. 54 at 2. Defendants contend that Plaintiff had lost his privileges to go to the prison yard due to prior disciplinary citations, but tried to force his way into the yard by threatening prison staff. Id. Defendants contend Plaintiff attacked officers and attempted to strike them with his open hand, and the officers used pepper spray to stop his advance. Id. While approaching Plaintiff, Defendants contend that Defendant Valdovinos slipped in the pepper spray and landed on Plaintiff. Id. Plaintiff alleges that Defendants Ramos and McGee threatened him, causing him to submit to a video interview in which he stated that his injuries were…