Shepard v. Wise

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Plaintiff filed suit under 42 U.S.C. 1983, alleging that a prison official retaliated against him for reporting a correctional officer and the officer's use of excessive force while escorting plaintiff to a holding cell. The district court granted the official's motion for summary judgment. The court rejected the official's claim that Cal. Code Regs. tit. 15, 3335(a) required him to transfer plaintiff to administrative segregation as soon as plaintiff alleged that the officer assaulted him. The court concluded that plaintiff has established a genuine issue of material fact as to whether the officer retaliated against him and that plaintiff has shown that the official is not entitled to qualified immunity at this stage. Accordingly, the court affirmed in part, reversed in part, and remanded. The court affirmed the jury verdict for the officer in a memorandum disposition filed concurrently with this opinion. View "Shepard v. Wise" on Justia Law