Hammler

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No.: 17-CV-1185-AJB(WVG)

Plaintiff,

REPORT AND

v. RECOMMENDATION ON

DEFENDANT’S MOTION FOR

F. AVILES,

SUMMARY JUDGMENT

Defendant. [Doc. No. 60.] 16 17 18 Plaintiff Allen Hammler, a state prisoner, has sued correctional officer Defendant Aviles under 42 U.S.C. § 1983. Hammler alleges Aviles used excessive force against him by performing a takedown maneuver in 2016. Hammler further alleges that after he made a recorded statement accusing Aviles of excessive force in connection with the incident, Aviles retaliated against him by filing a disciplinary report based on the same incident. Defendant Aviles has moved for summary judgment on both claims. The Court RECOMMENDS that Defendant’s summary judgment motion be GRANTED, and that judgment be entered in his favor. / / / / / / I. BACKGROUND & UNDISPUTED FACTS A. Defendant Performed a…