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TAORMINA v. CALIFORNIA DEPT. OF CORRECTIONS

No. 95-4042-B (RBB).

946 F.Supp. 829 (1996)

Charles Earl TAORMINA, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, Officer O.C. Hailey, Lieutenant Gonzales, Officer Harris, Officer A.B. Gervin and Does I through 20, Defendants.

United States District Court, S.D. California.

November 27, 1996.

Attorney(s) appearing for the Case

Albert G. Stoll, Jr., San Francisco, CA, for plaintiff.

Daniel E. Lungren, George Williamson, Barbara Spiegel, Anthony De Silva, San Diego, CA, for defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PURSUANT TO RULE 12(B)(6)

BREWSTER, District Judge.

I. Background

Plaintiff, Charles Earl Taormina (Taormina), while an inmate at Centinela State Prison, was shot by a correctional officer during a fight with a fellow inmate. His left leg was amputated as a result of the wound he received. Plaintiff alleges that defendants used excessive force in shooting him and failed to adequately...

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