Ashker v. California Department of Corrections

DAVID R. THOMPSON, Circuit Judge:

Todd Lewis Ashker, an inmate at Pelican Bay State Prison in California, sued prison officials Steve Brodeur and Dr. Alex Astorga (1) under 42 U.S.C. § 1983, alleging the officials violated the Eighth Amendment’s cruel and unusual punishment clause, and (2) under California state tort law for assault and battery and medical malpractice.1 A jury found against Ashker on his federal section 1983 claims, but in favor of him on his supplemental state tort claims. Brodeur and Astorga appeal. They contend the Eleventh Amendment bars Ashker’s state tort claims.

We have…