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United States Ninth Circuit


Hearns v. Terhune, 02-56302

Dismissal of plaintiff-inmate's section 1983 suit, alleging Eighth Amendment rights violations, is reversed where he properly alleged facts that raised an inference that prison officials knew of a risk to plaintiff and failed to take reasonable measures to abate it.

Appellate Information

  • Argued 12/09/2004
  • Decided 06/30/2005
  • Published 06/30/2005

Judges

  • PREGERSON, Circuit Judge., Before HUG, PREGERSON, and BERZON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Daniel L. Alexander, O'Melveny & Myers, Los Angeles, CA, for the plaintiff-appellant.

  • For Appellees:
  • Barbara C. Spiegel, Deputy Attorney General, State of California, San Francisco, CA, for the defendants-appellees.
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