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CLEMENT v. GOMEZ

No. 01-16088.

298 F.3d 898 (2002)

Frank S. CLEMENT; Arturo Chavez; Larry Caballero, Plaintiffs-Appellees, v. James H. GOMEZ, Director, Department of Corrections; Steven Cambra; M. Pitts-Campbell; G. Perry; T. Frager; G.R. Dunham; L.A. Smith; T. Norton, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2002.

Attorney(s) appearing for the Case

J. Bryce Kenny, Russell J. Clanton and Associates, Arcata, CA, for the plaintiffs-appellees.

Linda Pancho, Deputy Attorney General, San Francisco, CA, for the defendants-appellants.

Before SNEED, HUG, and BERZON, Circuit Judges.

OPINION

SNEED, Circuit Judge.

California state prison warden James Gomez and other prison officials appeal the district court's denial of their motion for summary judgment. Inmates Frank Clement, Arturo Chavez and Larry Caballero sued the officials for violating their Eighth Amendment rights, pursuant to 42 U.S.C. § 1983. The inmates asserted two claims of cruel and unusual punishment arising out of an incident in 1995 when the officials used pepper...

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