Moody v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Ronnie L. MOODY, et al., Case No.: 18-cv-1110-WQH-AGS Plaintiffs, REPORT AND RECOMMENDATION

TO GRANT IN PART PLAINTIFF’S

v.

MOTION TO SUBSTITUTE PROPER

CALIFORNIA DEPARTMENT OF PARTY (ECF 72)

CORRECTIONS AND

7 REHABILITATION, et al., Defendants. 9   Donnel Jones Jr. seeks to substitute for his recently deceased father, plaintiff Donnel Jones. Everybody agrees that substitution should generally be allowed. They also agree that substitution is improper as to Jones’s intentional-infliction-of-emotional-distress claim. The only issue is whether Jones’s claim for pain-and-suffering damages is barred. BACKGROUND In 2018, the late Donnel Jones and three other inmates sued prison officials for excessive force and retaliation. (See generally ECF 48, at 5-10.) Jones died due to unrelated causes on December 31, 2020. (ECF 72-2, at 2.) His son now moves to substitute himself for his father, to carry on the litigation.…