United States Ninth Circuit

In a 42 U.S.C. section 1983 prisoner civil rights action, alleging Eighth and Fourteenth Amendment claims for excessive force and deliberate indifference, to a different judge, the district court's summary judgment is: 1) affirmed in part as to the deliberate indifference claim against the officer for failure to intervene, where plaintiff failed to timely exhaust his administrative remedies as to that claim; and 2) reversed in part as to the excessive force claim, where the record indicated that a genuine dispute of material fact existed regarding whether appellees' use of force resulted in the unnecessary and wanton infliction of pain or suffering.

Appellate Information

• Published 2017/01/30

Judges

• O'SCANNLAIN

Court

• United States Ninth Circuit

Counsel