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Garrison S. Johnson v. A. Dunnahoe

January 31, 2013

GARRISON S. JOHNSON,
PLAINTIFF,
v.
A. DUNNAHOE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER REGARDING MOTIONS AND PRETRIAL STATEMENTS ECF Nos. 193, 194, 195, 196, 198, 199, 209, 211

Plaintiff Garrison S. Johnson is a California state prisoner proceeding pro se and in forma pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff's complaint, filed May 8, 2008, against Defendants A. Dunnahoe, V. Ybarra, G. Ybarra, S. Cunningham, Powell, Curliss, Velasquez, Medrano, Holguin, and J. Gonzales for claims of excessive force, inhumane conditions of confinement, deliberate indifference to a serious medical need, retaliation, and state law claims.

Plaintiff and Defendants have raised several issues which will be addressed by this order.

I. Motions For Attendance of Incarcerated Witnesses (ECF Nos. 194, 195, 198, 199)

Plaintiff filed 4 motions for the attendance of incarcerated witnesses.

ECF No. 194 - McCLelland, CDCR No. H-90822*fn1 - Inmate McClelland allegedly witnessed Plaintiff being beaten by Defendants Dunnahoe and V. Ybarra from his cell door and pepper sprayed.

Plaintiff does not believe he will testify voluntarily. This motion will be granted.

ECF No. 195 - McCoy, CDCR No. J-93313- Inmate McCoy allegedly witnessed Plaintiff being beaten by Defendants Dunnahoe and V. Ybarra from his cell door and pepper sprayed. Plaintiff does not believe he will testify voluntarily. This motion will be granted.

ECF No. 198 - Oddis Cole, CDCR No. K-43562 - Inmate Cole allegedly witnessed Plaintiff being beaten by Defendants Dunnahoe and V. Ybarra from his cell door and pepper sprayed. Plaintiff does believe he will testify voluntarily. This motion will be granted.

ECF No. 199 - Kittren Murphy, CDCR No. T-37622; CDCR No. R. Didur, P-01719; CDCR No. Matthew J. Shepard, V-56465; CDCR No. Timothy Risley, E-88711

Plaintiff contends that they will testify that they were falsely charged with rules violation reports, and that excessive force was used against them because they had complained about misconduct. Plaintiff contends that this would show a pattern and practice by all correctional officers at CCI to assault inmates who filed complaints.

Defendants oppose this motion, arguing that the correctional officers who allegedly wrote false rules violation reports and used excessive force against these four inmates are not officers in this action. Defendants contend that the testimony of Murphy, Didur, Shepard, and Risley would be irrelevant.

The Court agrees with Defendants' argument. This motion ...


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