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HARVEY v. JORDAN

No. 07-15023.

605 F.3d 681 (2010)

Quillie L. HARVEY, Jr., Plaintiff-Appellant, v. G. JORDAN; E. Caden; A. Hedgpeth; L.E. Scribner; J. Celaya; R. Derr; B. Rankin; R.J. Bass; T. Variz; J.W. Luman; S. Gomez; T. Surges; N. Grannis, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 11, 2010.

Attorney(s) appearing for the Case

Matthew C. Lapple, Covington & Burling LLP, San Diego, CA, for the plaintiff-appellant.

Timothy J. McDonough, Deputy Attorney General, San Francisco, CA, for defendants-appellees G. Jordan, A. Hedgpeth, L.E. Scribner, J. Celaya, R. Derr, B. Rankin, R.J. Bass, T. Variz, J.W. Luman, and S. Gomez.

Matthew M. Grigg (argued), Nancy E. Hudgins, Law Offices of Nancy E. Hudgins, San Francisco, CA, for defendant-appellee E. Caden.

Before: DANIEL M. FRIEDMAN, DOROTHY W. NELSON, and STEPHEN REINHARDT, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

Plaintiff Quillie Harvey is a prisoner at Salinas Valley State Prison. Prison officials used pepper spray to extract him from his cell on July 29, 2004, during a building-wide search of all prisoners' cells. This appeal involves two claims arising from that cell extraction.

First, Harvey alleges that the use of chemical sprays was excessive and has caused him to suffer...

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