David Howard is incarcerated at Pendleton Correctional Facility. He alleges that the Defendant Weddell violated his Eighth Amendment rights by subjecting him to excessive force, including dangerously tight handcuffs. He further alleges that Defendant Weddell violated his First Amendment rights by subjecting him to that physical abuse and then initiating a disciplinary action against him in retaliation for protected speech. Finally, Mr. Weddell alleges that Sergeant Miller, violated his First Amendment rights by retaliating against him through the disciplinary process. The case has survived summary judgment and will be resolved by settlement or trial. The Court is recruiting counsel to represent Mr. Howard through final judgment. A telephonic status conference is set for April 28, 2026, at 10:00 am. A final pretrial conference is set for June 4, 2026, at 10:00 am, and a 2-3 day jury trial is set to begin on June 22, 2026.

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