The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR THE ATTENDANCE OF INCARCERATED WITNESSES (ECF No. 113) ORDER DENYING MOTION TO QUASH ANTICIPATED SUBPOENAS (ECF No. 118) ORDER DIRECTING SERVICE
Plaintiff Robert Gonzales Saenz ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendant Reeves for retaliation in violation of the First Amendment and deliberate indifference to conditions of confinement in violation of the Eighth Amendment. The matter is set for jury trial on June 18, 2013.
On February 25, 2013, Plaintiff filed a motion for the attendance of incarcerated witnesses to testify at trial. Plaintiff requests the attendance of the following inmates: (1) Armando Abreu, H-16924; (2) Richard Angulo, J-70372; and (2) Peter Rodriquez, G-58147. (ECF No. 113.) On March 25, 2013, Defendant Reeves filed an opposition. (ECF No. 114.)
II. Relevant Allegations in Second Amended Complaint
On September 14, 2007, Plaintiff was housed with inmate Abreu in the Administrative
Housing Unit ("AHU") at Pleasant Valley State Prison ("PVSP"). Plaintiff objected to being housed with inmate Abreu and pointed out that there was a custodial gap between them. Defendant Reeves threatened disciplinary action if Plaintiff rejected inmate Abreu as a cellmate.
Five days later, on September 19, 2007, inmate Abreu asked to speak with Defendant Reeves. The conversation resulted in Plaintiff being placed in a 3x3 holding cage. Defendant Reeves approached Plaintiff and stated that he knew why Plaintiff had been transferred from the California Substance Abuse Treatment Facility and that he knew Plaintiff had filed complaints against officers at Salinas Valley State Prison. Defendant Reeves accused Plaintiff of raping his cellmate, inmate Abreu. Defendant Reeves told Plaintiff that he was going to make sure Plaintiff got time for it and that he was going to "fuck with" Plaintiff until he left PVSP. Defendant Reeves also threatened Plaintiff with bodily injury.
He subsequently was transported to Fresno Community Hospital, where Ms. C. Felix, a forensic sexual abuse examiner, gathered DNA samples. Although Plaintiff was permitted water, he was not permitted toilet use for four hours.
Plaintiff alleges that Defendant Reeves and inmate Abreu collaboratively orchestrated, and Defendant Reeves implemented, a fabricated rape charge. The rape charge produced a rules violation report and crime incident reports.
Plaintiff was held in the ASU pending DNA test results. The DNA test results found no evidence of rape. The rules violation was dismissed on July 10, 2009, because of due process violations. Defendant Reeves was aware that inmate Abreu had previously made a false rape accusation against another prisoner.
Plaintiff further alleges that on December 2, 2007, an unidentified correctional officer planted a weapon in his cell. On December 27, 2007, Plaintiff surrendered the weapon and Defendant Reeves removed the weapon from Plaintiff's front pocket where it was in a sealed envelope. Defendant Reeves then ordered Plaintiff to be held in a 3x3 holding cell for 4 1/2 hours without drinking water or toilet use. After Defendant Reeves ordered a search of Plaintiff and his cell, he ordered Plaintiff moved to corner cell without insulation. Plaintiff was housed in this bitterly cold cell, which experienced extreme temperatures, from December 27, 2007, to May 19, 2008. Plaintiff was denied extra clothing, blankets and heat. Plaintiff's request for extra clothing and blankets were referred to Defendant Reeves, who denied all requests. Defendant Reeves charged Plaintiff with possession of a weapon and Plaintiff was found guilty.
III.Motion for the Attendance of ...