James M. Milliken v. A. Maylin, L.B. Deters
Published: Jan. 31, 2020 | Result Date: Dec. 27, 2019 |Case number: 18-cv-03209-JSC Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Defendant
Iram Hasan
(Office of the Attorney General)
Martine N. D'Agostino
(Office of the Attorney General)
Facts
Plaintiff James Milliken, a California prisoner, filed suit against two officials at Pelican Bay State Prison where plaintiff was formerly housed that involved alleged civil rights violations under 42 U.S.C. Section 1983 and alleged Eighth amendment violations with regard to cruel and unusual punishment.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended the Pelican Bay State Prison officials violated his constitutional rights when they placed him on contraband surveillance watch for 44 hours. He contended that he was placed in handcuffs attached to waist chains and his hands were restrained. Plaintiff contended that he was under 24-hour observation and illumination, and that he was required to defecate into a bucket and he was subject to fecal searches.
DEFENDANTS' CONTENTIONS: Defendants contended they were entitled to qualified immunity because the law was not clearly established that the conditions plaintiff faced were sufficiently serious to violate the Eighth Amendment.
Result
The court ruled the defendants' were entitled to qualified immunity and granted defendants' motion for summary judgment.
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