Case Number: 2020-013766


In Federal

The plaintiff brings this civil-rights case under 42 U.S.C. § 1983 for events that he alleges occurred during his incarceration at High Desert State Prison (HDSP). Plaintiff’s problems at HDSP began on March 23, 2016, when the C.O. challenged him to a fight. The plaintiff filed a grievance against C.O. based on the incident, which set off a wave of retaliation by the C.O. and other guards.

On March 24, the C.O. pointed a shotgun at the plaintiff and other inmates (who were merely waiting in the unit), called them offensive names, and threatened them. He said to them, “Give me a reason to shoot.” The plaintiff filed another grievance against the C.O. In response, C.O. and others searched the plaintiff’s cell on April 30. Another C.O. warned the plaintiff, while adverse C.O. remained at the window with a shotgun. He told him that if the plaintiff did not cooperate, he “would be taken down by any means necessary.”

The plaintiff stated that the guards searched his cell because they had not stood in a straight line during the last meal. Plaintiff responded that he was not present at that meal, but the plaintiff retorted that he was doing what he was told.

Plaintiff then stated to both C.O. that they were retaliating against him for filing grievances against one of them. The other C.O. responded that “messing with another C.O. is like messing with me.”

Plaintiff filed a grievance against both C.O. Plaintiff alleges that 3 C.O.s retaliated against him on multiple occasions for filing grievances against them. He identifies the following instances: (a) One of the C.O. pointing a shotgun at the plaintiff and stating, “Give me a reason to shoot”;

(b) C.O. having his cell searched multiple times based on pretenses (such as inmates not
lining up during a meal);

(c) C.O. confiscating the plaintiff’s sneakers, even though he was able to prove proof of ownership.

Per the plaintiff, he finds that these allegations state a colorable First Amendment retaliation claim against these three defendants and allow this claim to proceed.

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