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MARTINEZ v. STANFORD

No. 01-56496.

323 F.3d 1178 (2003)

Andres M. MARTINEZ, Plaintiff-Appellant, v. G.D. STANFORD; W. Owen; M. Atkinson; D. Rockholt; J. Stovall, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2003.

Attorney(s) appearing for the Case

Elizabeth A. Barranco, El Cajon, CA, for the plaintiff-appellant.

Richard D. Wolfe, Deputy Attorney General, San Diego, CA, for the defendants-appellees.

Before: HALL, THOMPSON and WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge.

Andres M. Martinez appeals the district court's grant of the Calipatria State Prison correctional officers' renewed summary judgment motion on his 42 U.S.C. § 1983 claim. Martinez claims that the correctional officers violated his Eighth and Fourteenth Amendment rights by using excessive force against him while breaking up a prison fight in an adjacent cell. We must decide whether summary judgment was erroneously granted, despite the failure...

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