Battensby

Battensby v. Zhang

Good Law
United States District Court, Southern District of CaliforniaOctober 25, 20213:20-cv-00001-TWR-MDDCalifornia7,629 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DAVID BATTENSBY, Case No.: 20cv0001 TWR (MDD)

Plaintiff, ORDER GRANTING MOTION v. FOR SUMMARY JUDGMENT 14 DR. R. ZHANG and

NURSE M. SOUSLEY,

16 Defendants. 17 18 Plaintiff David Battensby is a state prisoner proceeding pro se and in forma pauperis with a First Amended Complaint (“FAC”) pursuant to 42 U.S.C. § 1983. (ECF No. 6.) He claims that while housed at the R. J. Donovan Correctional Facility (“RJD”) in San Diego, California, Defendants Dr. Zhang and Nurse Sousley were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment by failing to provide adequate pain relief medication following back surgery. (Id. at 3–9.) Currently pending is a Motion for Summary Judgment by Defendants Dr. Zhang and Nurse Sousley. (ECF No. 18.) Defendants contend there is no genuine issue of material fact in dispute, that Plaintiff was provided proper medical care, and that they are entitled 28 …

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