Nelson et al v. Butte County Sheriff's Dept., et al

Filing 79

ORDER signed by Judge John A. Mendez on 4/9/2012 FINDINGS AND RECOMMENDATIONS 78 are ADOPTED in FULL; County defendants' 14 motion for summary judgment is GRANTED in PART and DENIED in PART; CFMG's # 10 motion for summary judgment agai nst plaintiff Simpson, is DENIED as to plaintiff Simpson's Sec 1983 Eighth Amendment claim based on the eight-day delay in providing medical care, and GRANTED in all other respects; CFMG's # 17 motion for summary judgment against plaintiff Brewer, is GRANTED; and CFMG's # 27 motion for summary judgment against plaintiff Nelson, is GRANTED. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONALD NELSON, et al.,

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Plaintiffs,

No. CIV S-09-2776 JAM EFB P

vs.
BUTTE COUNTY SHERIFF’S
DEPARTMENT, et al.,

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Defendants

ORDER

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/
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Plaintiffs are prisoners proceeding through counsel in an action brought under 42

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U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28

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U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 9, 2012, the magistrate judge filed findings and recommendations

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herein which were served on all parties and which contained notice to all parties that any

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objections to the findings and recommendations were to be filed within fourteen days. Neither

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party has filed objections to the findings and recommendations.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:
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1. The findings and recommendations filed March 9, 2012, are adopted in full;

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2. County Defendants’ motion for summary judgment, Dckt. No. 14, is granted in

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part and denied in part as follows:

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a. GRANTED as to (a) plaintiff Simpson’s § 1983 excessive force, assault

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and battery, Bane Act, and intentional infliction of emotional distress claims against defendants

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McNulty and Paley; (b) plaintiff Brewer’s § 1983 Eighth Amendment claims against defendants

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Flicker and Hovey; (c) plaintiff Canfield’s assault and battery claims against defendants Narvais,

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Maffucci, and unidentified officers; and (d) plaintiffs’ breach of contract claim against County

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Defendants, and that plaintiff Nelson’s § 1983 claim against County Defendants and plaintiff

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Brewer’s § 1983 Eighth Amendment claims against defendants Morehead and Stockwell, be

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dismissed without prejudice as unexhausted, and

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b. DENIED as to (a) plaintiff Simpson’s § 1983 excessive force, assault

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and battery, and intentional infliction of emotional distress claims against defendant Deal; (b)

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plaintiff Canfield’s § 1983 Eighth Amendment claim for taking Canfield’s crutches against

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County Defendants; (c) plaintiff Canfield’s § 1983 Eighth Amendment excessive force, Bane

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Act, and assault and battery claims against defendant Flicker; (e) plaintiff Canfield’s Bane Act

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claim against defendants Demmers, Narvais, Maffucci, Mell, and Bentley; (f) plaintiff Canfield’s

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assault and battery claims against Mell, Bentley, and Demmers; (e) plaintiffs’ Eighth

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Amendment claims against the Butte County Sheriff’s Department and defendant Jones in his

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official capacity; and (f) plaintiffs’ claim for violation of the consent decree against County

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Defendants.

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3. CFMG’s motion for summary judgment against plaintiff Simpson, Dckt. No.

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10, is DENIED as to plaintiff Simpson’s § 1983 Eighth Amendment claim based on the eight-day

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delay in providing medical care, and GRANTED in all other respects.

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4. CFMG’s motion for summary judgment against plaintiff Brewer, Dckt. No. 17,
is GRANTED.
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5. CFMG’s motion for summary judgment against plaintiff Nelson, Dckt. No. 27,

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is GRANTED.

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DATED:

April 9, 2012

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/s/ John A. Mendez

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UNITED STATES DISTRICT COURT JUDGE

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