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VACCARO v. DOBRE

No. 95-15970.

81 F.3d 854 (1996)

John Joseph VACCARO, Plaintiff-Appellant, v. Jon DOBRE, Superintendent, FPC Nellis, Emma Mitchell, Director, Western Regional Medical, Federal Bureau of Prisons; John Trettin, M.D., Contract Physician, FCI, Lompoc; Eric Krupp, Foreman, FPC Nellis; Randy Torix, Correctional Officer, FPC Nellis; R. Biggs, Correctional Officer, FPC Nellis, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 12, 1996.

Attorney(s) appearing for the Case

Craig K. Perry, SCRO & Perry, Ltd., Las Vegas, Nevada, for the plaintiff-appellant.

Ruth L. Cohen, Assistant United States Attorney, Las Vegas, Nevada, for the federal defendants-appellees.

Lauren John Udden, Bauer, Harris & McEvoy, Santa Barbara, California, for defendant-appellee Trettin.

Lynn M. Hansen, Jimmerson, Davis & Santoro, Las Vegas, Nevada, for defendant-appellee Trettin.

Before: THOMPSON and KLEINFELD, Circuit Judges, and WILSON, District Judge.

KLEINFELD, Circuit Judge:

The issue in this case is whether, in a Bivens action, the plaintiff must serve the government as well as the individual defendants. We conclude that he need not.

FACTS

According to the complaint, Vaccaro was a minimum security prisoner at a prison camp. His medical record in his federal Bureau of Prisons medical file said that he suffered from spina bifida, a congenital defect of his lower back requiring restricted...

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