Karlis Ruben Augustus Howard v. CDCR, et al.

Summary

The United States District Court for the Eastern District of California adopted in full the magistrate judge’s findings and recommendations concerning plaintiff Karlis Ruben Augustus Howard’s § 1983 action against CDCR defendants. The court allowed specified excessive-force, failure-to-intervene, state-law tort, and retaliation claims to proceed and dismissed all other claims and defendants for failure to state a claim.

Holdings

1. The district court adopted the April 10, 2025 findings and recommendations in full after conducting de novo review.
2. The action could proceed on the specified claims for excessive force, failure to intervene, assault, battery, negligence, intentional infliction of emotional distress, Bane Act violation, and retaliation against the identified defendants.
3. All claims and defendants not included among the cognizable claims were dismissed for failure to state a claim upon which relief may be granted.

Questions Presented

1. Whether the magistrate judge's findings and recommendations should be adopted after de novo review.
2. Which claims and defendants stated cognizable claims and could proceed under the court's screening order.
3. Whether the remaining claims and defendants should be dismissed for failure to state a claim upon which relief may be granted.

Disposition

other