Opinion

(PC) Shanks v. Mendez

Court
District Court, E.D. California
Filed
Sep 7, 2022
Cited by
0 cases
Authority
More cited than 18.1%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 DARREN SHANKS, ) Case No.: 1:20-cv-1083 JLT SAB

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12 Plaintiff, ) ORDER ADOPTING IN FULL FINDINGS AND

) RECOMMENDATIONS GRANTING

13 v. ) DEFENDANTS’ MOTION FOR SUMMARY

) JUDGEMENT

14 E. MENDEZ, et al., )

) (Doc. 56)

15 Defendants. )

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17 Darren Shanks asserts his civil rights were violated and seeks to hold the defendants liable for

18 retaliation in violation of the First Amendment pursuant to 42 U.S.C. § 1983. Defendants seek

19 summary judgment on the claim. (Doc. 56.)

20 The assigned magistrate judge found the defendants were entitled to qualified immunity,

21 “because an inmate’s right to refuse to provide information relating to a prison investigation was not

22 clearly established in 2018 (and is not today), [and] no reasonable prison official would have been on

23 notice that their conduct violated Plaintiff's constitutional rights.” (Doc. 56 at 10.) The magistrate

24 judge observed: “Plaintiff has pointed to no authority establishing that an inmate has a constitutional

25 right to refuse to provide information regarding a prison investigation about a prior incident, nor could

26 the Court find authority consistent with the Supreme Court’s present standards concerning what

27 constitutes ‘clearly established.’” (Id. at 11.) Therefore, the magistrate judge recommended the

28 motion for summary judgment be granted on August 9, 2022. (Id.)

1 The Findings and Recommendations granted 21 days for any party to file any objections and

2 || informed the parties that the failure to do so may waive rights on appeal. (Doc. 56 at 11, citing

3 || Wilkerson v. Wheeler, 772 F.3d 834, 838- 39 (9th Cir. 2014); Baxter v. Sullivan, 923 F.2d 1391, 1394

4 || (9th Cir. 1991)). No objections were filed and the time to do so has passed.

5 According to 28 U.S.C. § 636 (b)(1)(C), this Court conducted a de novo review of the case.

6 || Having carefully reviewed the entire file, the Court concludes the magistrate judge’s Findings and

7 || Recommendations are supported by the record and by proper analysis. Thus, the Court ORDERS:

8 1. The Findings and Recommendations issued on August 9, 2022 (Doc. 56) are

9 ADOPTED in full.

10 2. Defendants’ motion for summary judgment (Doc. 49) is GRANTED.

11 3. The Clerk of Court is directed to enter judgment in favor of Defendants and to close

12 this case.

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14 IS SO ORDERED.

15 || Dated: _ September 7, 2022 ( LAW pA LU. wan

16 TED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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