United States Ninth Circuit

In a pro se civil action brought by a former inmate at a jail alleging constitutional violations stemming from his transfer into the jail's "gang module," where he was attacked and injured by three other inmates, summary judgment rulings and a verdict against plaintiff following a bench trial are reversed where: 1) plaintiff was not given fair notice of the requirements and consequences of a summary judgment motion, as required by precedent; and 2) the verdict also required reversal as the district court erred in denying plaintiff a jury trial, and the error was not harmless.

Appellate Information

• Argued 06/13/2007
• Decided 01/29/2008
• Published 01/29/2008

Judges

• REINHARDT, Circuit Judge:, Before: DOROTHY W. NELSON, STEPHEN REINHARDT, and PAMELA ANN RYMER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael H. Dore, Leila C. Orr, and Mark E. Weber, Gibson, Dunn & Crutcher LLP, Los Angeles, CA, for the plaintiff-appellant.


• For Appellees:
  
• Ali Reza Sabouri, Office of the County Counsel, Los Angeles, CA, for defendant-appellee Miguel Beltran.