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United States Ninth Circuit


Disability Rights Montana, Inc. v. Batista, 15-35770

Reversed and reassigned to different district court judge. District court’s dismissal for failure to state a claim on which relief can be granted improper, where complaint that prisoners with mental health problems were denied diagnosis and treatment had sufficient facts to make a claim under the 8th Amendment. Reassignment required to preserve the appearance of justice due to district judge’s failure to revisit the decision after mistaking this complaint with another filed by the same Plaintiff.

Appellate Information

  • Published 2019/07/19

Judges

  • Gould

Court

  • United States Ninth Circuit

Counsel

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