Rice v. Castellanos

Summary

The court recommends allowing Kordy Rice’s claims to proceed against specified prison officials: excessive force under the Eighth Amendment, failure to protect under the Eighth Amendment, and denial of due process under the Fourteenth Amendment. It recommends dismissing all other claims and defendants and advises that objections are due within 30 days.

Holdings

1. The complaint sufficiently stated an excessive-use-of-force claim under the Eighth Amendment against defendants Castellanos and E. Ramirez.
2. The complaint sufficiently stated a failure-to-protect claim under the Eighth Amendment against defendant Robb.
3. The complaint sufficiently stated a claim for violation of Rice's Fourteenth Amendment right to due process against defendants Brown, Arreola, and Robb.
4. All claims and defendants should be dismissed except the specified excessive-force, failure-to-protect, and due-process claims and the defendants associated with those claims.

Questions Presented

1. Which claims in Rice's § 1983 prisoner complaint were sufficiently pleaded to proceed past screening?
2. Whether the action should proceed only on the cognizable excessive-force, failure-to-protect, and due-process claims identified by the court, with all other claims and defendants dismissed.

Disposition

other