United States District Court, E.D. California
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL
PRODUCTION OF DOCUMENTS (ECF No. 58.) DEADLINE TO PRODUCE
DOCUMENTS: OCTOBER 25, 2019
S. AUSTIN UNITED STATES MAGISTRATE JUDGE.
Harris (“Plaintiff”) is a prisoner proceeding
pro se and in forma pauperis with this
civil rights action pursuant to 42 U.S.C. § 1983. This
case now proceeds with the First Amended Complaint filed by
Plaintiff on March 14, 2016, against defendants Correctional
Officer (C/O) Humberto German, C/O Philip Holguin, and C/O R.
Burnitzki (collectively, “Defendants”), for use
of excessive force in violation of the Eighth Amendment; and
against defendant C/O Philip Holguin for retaliation in
violation of the First Amendment. (ECF No. 8.)
January 31, 2019, Plaintiff filed a motion to compel
production of documents. (ECF No. 58.) On February 14, 2019,
Defendants filed an opposition to the motion. (ECF No. 62.)
Plaintiff did not file a reply to the opposition.
August 12, 2019, the court issued an order requiring
Plaintiff to address the status of his request in the motion
to compel for production of two videotapes in light of
Defendants’ report that they had provided those
videotapes to Plaintiff for viewing. (ECF No. 69.) On
September 20, 2019, Plaintiff filed a response to the
court’s order, withdrawing his request for production
of the two videotapes. (ECF No. 76.)
remaining requests in Plaintiff’s motion to compel are
now before the court. Local Rule 230(l).
PLAINTIFF’S ALLEGATIONS AND CLAIMS AT ISSUE
events at issue in the operative First Amended Complaint
allegedly occurred at Corcoran State Prison (CSP) in
Corcoran, California, where Plaintiff is presently
summary of Plaintiff’s allegations in the First Amended
February 24, 2011, Plaintiff was housed in the Security
Housing Unit. At about 1:15 p.m., C/Os were releasing
prisoners to the exercise modules. C/Os defendant German,
defendant Holguin, Menzie [not a defendant], Lovelady [not a
defendant], and Botello [not a defendant] skipped
Plaintiff’s cell during yard and then ignored him when
he called them to ask why. C/O Womack [not a defendant] was
working in the control booth. Defendants German and Holguin
came back and released Plaintiff for yard last. Plaintiff
stripped out and defendant German kept asking him,
“What’s the problem?” Defendant German
continued to hold Plaintiff’s clothing as he stood
naked, apparently expecting an answer. Plaintiff said,
“I’m done stripping out, can I have my clothes
back?” Plaintiff got dressed and defendant German
escorted Plaintiff to the yard, defendant Holguin placed
Plaintiff against the wall by the exit door of the building
and began pressing him up against the wall. Defendant German
said, “You are getting your yard, so what’s the
problem?” Plaintiff said that defendant German was
pressing him hard into the wall unnecessarily. Defendant
German said shut up or you are not going to receive yard.
Plaintiff said he knows the law and has family who care, so
he doesn’t care what they do. Defendant German said
shut up and don’t talk. They exited the building and
walked towards the yard cages. Sergeant Martinez [not a
defendant] saw defendant German from the track holding
Plaintiff aggressively and asked, “What’s going
on?” Plaintiff began to tell him, and defendant German
jerked Plaintiff to a standstill and said, “I thought I
told you not to talk.” At seeing this, Sergeant
Martinez said to just escort Plaintiff back to his cell.
entering the building, defendants German and Holguin slammed
Plaintiff’s face into the divider of their office
window. Holguin held Plaintiff’s face sideways against
the window. German kicked Plaintiff’s legs apart,
making him do the splits. Holguin shouted, “Fuck the
law and fuck your family.” German said, “What you
wanna do” over and over. C/O German threatened to take
Plaintiff to the ground. Sgt. Martinez, C/O Menzie, C/O
Lovelady, and C/O Botello entered the building. C/O Womack
witnessed from the control booth. They did nothing, nor said
nothing while Holguin had Plaintiff’s face pressed
against the window and German had Plaintiff’s legs
unnaturally spread apart. Plaintiff said he just wanted to go
to yard, and German said, “You are not going to yard,
so where do you want to go, back to your cell?”
Plaintiff said he wanted to talk to the lieutenant for an
excessive force interview. Sergeant Martinez said,
“You’ll get what you got coming, you’ll get
your excessive force interview.”
German and Holguin escorted Plaintiff back to his cell.
Plaintiff suffered knots on his forehead, a swollen cheek,
pain in his neck, pain on the right side of his chest, and
pain in the small of his back. On February 26, 2011, Sgt.
Hubbard [not a defendant] interviewed Plaintiff and
documented his injuries on video. Sgt. Rasley [not a
defendant] operated the video camera. Plaintiff was medically
evaluated by a nurse. On February 27, 2011, an RN evaluated
Plaintiff. On February 29, 2011, another RN evaluated him. At
some point, Hubbard and Rasley [not defendants] destroyed the
February 26, 2011 video documenting his injuries while they
were still visible. Plaintiff filed a prison appeal. On May
16, 2011, two sergeants conducted another videotaped
interview of Plaintiff, but his injuries had already healed.
They claimed to have lost the February 26, 2011 video.
March 10, 2011, defendant German denied Plaintiff his
breakfast in retaliation for the excessive force allegations
Plaintiff made against him. Defendant German refused
Plaintiff’s inmate request form asking why.
April 18, 2011, C/O Cordova [not a defendant] and C/O Borgess
[not a defendant] retaliated against Plaintiff for the
allegations he made against their co-workers, defendants
German and Holguin. They denied Plaintiff breakfast and
lunch, and then falsified his segregation record saying they
had delivered both to Plaintiff. Later that morning, C/O
Menzie [not a defendant] escorted the nurse. When the nurse
delivered Plaintiff’s medication, Plaintiff held the
food port on his cell and told Menzie he wanted to see the
sergeant about his breakfast and lunch being withheld. Menzie
continued escorting the nurse. Defendant Holguin came to
Plaintiff’s cell to see if he wanted to go to a
disciplinary hearing. Plaintiff refused because he was
holding the food port. Defendant Holguin summoned Sgt.
Martinez who ordered Holguin to pepper spray Plaintiff to
secure the food port. Defendant Holguin pepper sprayed
Plaintiff and Plaintiff released the food port and went to
the middle of his cell, turning his back. Defendant Holguin
put his pepper spray through the food port and began spraying
Plaintiff in the back of his head, neck, and back. Plaintiff
suffered severe burning sensations and chest pain. Borgess
[not a defendant] and another C/O escorted Plaintiff to the
hospital to be evaluated. Borgess and Cordova [not
defendants] doctored Plaintiff’s segregation records to
falsely report that he had refused his breakfast and lunch.
Plaintiff was moved to a different housing unit in the SHU.
August 28, 2011, defendant C/O Holguin and C/O Pano [not a
defendant] came to Plaintiff’s housing unit to escort
him to the yard. They conducted an unclothed body search,
handcuffed Plaintiff behind his back and began walking
outside toward the yard cages. Defendant Holguin told
Plaintiff to pull up his boxers, which was impossible because
Plaintiff was handcuffed behind his back. Plaintiff told
defendant Holguin to pull his eyes up. Defendant Holguin then
began escorting Plaintiff to the rotunda of his housing unit.
There was a cage located there and while guiding Plaintiff
into it, defendant Holguin shoved Plaintiff into the wall
causing pain in Plaintiff’s shoulder. Holguin then
secured the cage and left. C/O Lovelady [not a defendant] and
defendant C/O Burnitzki walked by and asked Plaintiff what
was going on. Plaintiff said that defendant Holguin had used
excessive force against him, and the sergeant should be
notified. They took no action regarding this matter.
Afterward, defendant Holguin came to the rotunda to take
Plaintiff back to his cell when yard time was over.
Holguin and Burnitzki and C/O Leal [not a defendant] took
Plaintiff to his cell but did not have the control booth C/O
close the cell door. They came all the way into the cell with
Plaintiff. Defendants Burnitzki and Holguin began pushing
Plaintiff back and forth to each other several times.
Defendant Holguin then pushed Plaintiff into the wall, jammed
his left arm into Plaintiff’s back and used his right
hand to press Plaintiff’s face against the wall while
defendant Burnitzki pulled on the handcuffs from behind.
Defendant Holguin told Plaintiff, “You’re not
hit, you are going to stop disrespecting me and I don’t
care about any lawsuit.” Plaintiff said he did not
disrespect him. Defendant Holguin was mad because he was
under investigation by internal affairs for previously using
excessive force against Plaintiff. Defendant Burnitzki then
said, “Internal affairs are not going to do
shit.” Holguin said next time they are going to really
hurt him. Defendant Holguin then pulled Plaintiff by the
handcuffs to the cell door and took his handcuffs off.
requests monetary and declaratory relief.
Claims - ...