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Lescallett v. Diaz

United States District Court, E.D. California

March 10, 2017

DARRELL JUNIOR LESCALLETT, Plaintiff,
v.
R. DIAZ, et al., Defendants.

          FINDINGS AND RECOMMENDATIONS RECOMMENDING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT BE GRANTED (ECF NO. 28) FOURTEEN (14) DAY DEADLINE

          BARBARA A. MCAULIFFE, UNITED STATES MAGISTRATE JUDGE

         Findings and Recommendations

         I. Introduction

         Plaintiff Darrell Junior Lescallett (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This action proceeds against Defendants Gipson, Broomfield and Doe Defendants[1] for retaliation in violation of the First Amendment arising out of events on June 26, 2012, which resulted in Plaintiff's placement on a modified program. (ECF No. 18.)

         Currently before the Court is Defendants Gipson and Broomfield's motion for summary judgment, filed on May 17, 2016, pursuant to Federal Rule of Civil Procedure 56.[2] (ECF No. 28.)

         Plaintiff opposed the motion, and Defendants replied. (ECF Nos. 39, 40). The motion is deemed submitted. Local Rule 230(1). Having considered the moving, opposition and reply papers, the Court recommends that Defendant Gipson and Broomfield's motion for summary judgment be granted.

         II. Defendants' Motion for Summary Judgment

         Defendants Gipson and Broomfield argue that they are entitled to summary judgment on Plaintiff's claim of retaliation because (1) Plaintiff has no evidence of a retaliatory motive on the part of Defendants Gipson or Broomfield; and (2) Defendants' actions reasonably advanced legitimate penological goals.

         A. Undisputed Material Facts [3]

         1. At all times relevant to this action, Plaintiff was housed at Corcoran State Prison (COR) in Corcoran, California. (Amended Complaint, ECF No. 11 at 3.)

         2. At all times relevant to this action, Defendant Broomfield was employed as Captain at COR. (ECF No. 11 at 3; Declaration of R. Broomfield (“Broomfield Decl.”) at ¶ 1.)

         3. At all times relevant to this action, Defendant Gipson was employed as a Warden at COR. (ECF No. 11 at 2.)

         4. On March 30, 2012, Plaintiff entered into a settlement with CDCR in a previous civil case. (ECF No. 11 at 3.)

         5. Shortly after Plaintiff's settlement, a number of officers began making negative comments to Plaintiff regarding his lawsuit. (ECF No. 11 at 4-5; Ex. A to Declaration of Lucas L. Hennes, Deposition of Plaintiff (“Pl's Depo.”) at 64:24 - 66:3.)

         6. Plaintiff never heard Defendant Broomfield or Defendant Gipson make any negative comments regarding his settlement. (Pl's Depo. at 66:4-12.)

         7. On June 14, 2012, Defendants Broomfield and Gipson placed Facility 3B on modified program due to an increase in inmate-on-inmate violence, as well as violence towards staff. (ECF No. 11 at 5; Pl's Depo. at 66:13 - 67:19; Broomfield Decl. at ¶ 2.)

         8. On June 26, 2012, most of the inmates on Facility 3B were taken off modified program, but a specific group of inmates, including Plaintiff, was kept on modified program based on information that they were involved in the 2-5 gang. (ECF No. 11 at 5; Pl's Depo. at 70:3-7, 72:12-15; Broomfield Decl. at ¶ 4.)

         Plaintiff admits that this action was taken against him, but not that he has any affiliation with the 2-5. (ECF No. 39 at 26.) Plaintiff's denial of any affiliation is immaterial to whether there was documentation in his central file that he was involved in the 2-5 ...


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