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OLIVER v. KELLER

No. 00-15849.

289 F.3d 623 (2002)

Eric D. OLIVER, Plaintiff-Appellant, v. Jerry KELLER, Sheriff; Kyle Edwards; Dave Swiekert, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2002.

Attorney(s) appearing for the Case

Willie Jordan-Curtis, Assistant Dean for Student Affairs, Kevin Rudh (argued), Scott Shelley (argued), and Ernest Skinner, (argued), Law Students, The University of Arizona College of Law Pro Bono Appellate Project, Tucson, AZ, for appellant.

Thomas D. Dillard, Jr. (argued), Rawlings, Olson, Cannon, Gormley & Desruisseaux, Las Vegas, NV, for appellees.

Before HAWKINS and TASHIMA, Circuit Judges, and WILKEN, District Judge.

OPINION

MICHAEL DALY HAWKINS, Circuit Judge.

Appellant Eric Oliver brought a § 1983 action against Clark County, Nevada, the Clark County Sheriff, and two employees of the Clark County Detention Center ("Defendants"), alleging confinement in constitutionally infirm conditions.

In an issue of first impression in this Circuit, we must decide whether the district court correctly employed a de...

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