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THOMAS v. GOMEZ

No. 97-55702.

143 F.3d 1246 (1998)

Larry Darnell THOMAS, Plaintiff-Appellee, v. J. GOMEZ, Director of Corrections, Defendant, R. Powell, individually and as Correctional Officer, Calipatria State Prison; B. Langley, individually and as Correctional Officer, Calipatria State Prison; J. Sims, individually and as Correctional Officer; D. Romero, individually and as Corrections Officer, Calipatria State Prison, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 12, 1998.

Attorney(s) appearing for the Case

Rita Lane Medellin, Deputy Attorney General, San Diego, California, attorney for the defendants-appellants.

Larry Darnell Thomas, Crescent City, California, pro se for the plaintiff-appellee.

Before: PREGERSON, HALL, and NOONAN, Circuit Judges.

OPINION

PREGERSON, Circuit Judge:

I

Larry D. Thomas, a state prisoner, brought suit under 42 U.S.C. § 1983 for violation of his civil rights. In his suit, Thomas alleges that correctional officers R. Powell, B. Langley, J. Sims, and D. Romero (hereinafter "the officers") violated his constitutional right to be free from cruel and unusual punishment under the Eighth Amendment by aiming a loaded rifle with live ammunition at him without provocation...

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