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LABATAD v. CORRECTIONS CORP. OF AMERICA

No. 12-15019.

714 F.3d 1155 (2013)

Keone LABATAD, Plaintiff-Appellant, v. CORRECTIONS CORPORATION OF AMERICA; Daren Swenson, Regional Director of Operations at Corrections Corporation of America; Todd Thomas, Warden at Saguaro Correctional Center; Benjamin Griego, Assistant Warden at Saguaro Correctional Center; Marco Lopez, Chief of Security at Saguaro Correctional Center; Timothy Dobson, Unit Manager at Saguaro Correctional Center, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 1, 2013.

Attorney(s) appearing for the Case

Molly Lens (argued), Victor Jih , and Vartanoush Defterderian , O'Melveny & Myers, LLP, Ella Hushagen (argued), UCLA School of Law Ninth Circuit Clinic, Los Angeles, CA, for Plaintiff-Appellant.

Nicholas D. Acedo (argued), Daniel P. Struck , and David C. Lewis , Struck, Wieneke & Love, PLC, Chandler, AZ, for Defendants-Appellees.

Before: MARSHA S. BERZON and RICHARD C. TALLMAN, Circuit Judges, and LEE H. ROSENTHAL, District Judge.

OPINION

PER CURIAM:

Keone Labatad appeals from the judgment dismissing his 42 U.S.C. § 1983 claim that actions taken by correctional officials at the Saguaro Correctional Center (SCC) violated his Eighth Amendment rights. Labatad sought damages and injunctive relief based on an assault by a member of a rival prison gang, with whom he was temporarily assigned to share a cell. The District Court rejected Labatad's claims that the defendants were deliberately...

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