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Norsworthy v. Rivers

United States District Court, E.D. California

March 13, 2014

JEFFREY BRYAN NORSWORTHY, Plaintiff,
v.
RIVERS, Defendant.

FINDINGS AND RECOMMENDATIONS

CRAIG M. KELLISON, Magistrate Judge.

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. ยง 1983. Pending before the court is defendant's motion for summary judgment (Doc. 84).

I. BACKGROUND

This action proceeds on the first amended complaint against defendant Rivers. Plaintiff claims that defendant intentionally released documents to the general inmate population identifying plaintiff as a confidential prison informant. Plaintiff alleges that defendant acted in retaliation because he had been investigating her. He also claims that Rivers' conduct demonstrated deliberate indifference to his safety given the danger posed by other inmates who know his status as a confidential informant.

A. Defendant's Evidence

Based on her own declaration, as well as the declaration of Investigative Services Unit Officer Borsh and portions of plaintiff's deposition, defendant asserts that the following facts are not in dispute:

1. Rivers never accessed plaintiff's prison central file.
2. Rivers did not know that plaintiff was an inmate informant.
3. Rivers did not know that plaintiff was investigating her.
4. Rivers never disclosed any information from plaintiff's prison file.
5. Officer Borsh discovered on February 5, 2009, that a document identifying plaintiff as a prison informant had possibly been in the hands of other inmates.
6. Because of this discovery and the resulting risk to his safety, plaintiff was placed in administrative segregation pending an investigation.
7. Plaintiff admitted at his deposition that he had no evidence showing that Rivers made the document identifying plaintiff as a confidential prison informant available to other inmates.
8. Plaintiff admitted at his deposition that somebody other than Rivers - possibly Officer Borsh - ...

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