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POLLARD v. GEO GROUP, INC.

No. 07-16112.

607 F.3d 583 (2010)

Richard Lee POLLARD, Plaintiff-Appellant, v. The GEO GROUP, INC., Erroneously Sued As Wackenhut Corrections Corporation, dba Taft Correctional Institution; Margaret Minneci; Jonathan E. Akanno; Robert Spack; Bob D. Steifer; Becky Maness, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2010.

Attorney(s) appearing for the Case

John F. Preis, University of Richmond School of Law, Richmond, VA, and Charles Francis Carbone, San Francisco, CA, for the plaintiff-appellant.

Michael Kenneth Johnson, Lewis, Brisbois, Bisgaard & Smith, LLP, San Francisco, CA, for defendants-appellees Wackenhut/The GEO Group, Inc., Margaret Minneci, Robert Spack, Bob D. Steifer, and Becky Maness.

David J. Wilson, Manning & Marder Kass Ellrod Ramirez LLP, Los Angeles, CA, for defendant-appellee Jonathan E. Akanno.

Opinion by Judge PAEZ; Partial Concurrence and partial Dissent by Judge RESTANI.

PAEZ, Circuit Judge:

Plaintiff-Appellant Richard Lee Pollard, a federal inmate, appeals the district court's order dismissing his Eighth Amendment claims against employees of a private corporation operating a federal prison under contract with the Bureau of Prisons.1 This appeal presents the question of whether the implied damages action first recognized in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics,

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