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AUSTIN v. TERHUNE

No. 02-16546.

367 F.3d 1167 (2004)

Samuel Eric AUSTIN, Plaintiff-Appellant, v. Cal A. TERHUNE, Director, Defendant, and James Williams, Correctional Officer, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 17, 2004.

Attorney(s) appearing for the Case

Samuel Eric Austin, Pro se, Chino, CA, the plaintiff-appellant.

Lotte Colbert, Matheny, Sears, Linkert & Long, LLP, Sacramento, CA, for the defendant-appellee.

Before CANBY, W. FLETCHER, and TALLMAN, Circuit Judges.

CANBY, Circuit Judge.

Samuel Eric Austin, a California state prisoner, appeals pro se the district court's summary judgment dismissing his claims under 42 U.S.C. § 1983 and state law. His claims arise from an incident in which a correctional officer allegedly exposed his genitalia to Austin and then filed a false disciplinary report against Austin when Austin complained to prison officials. We reverse and remand for further proceedings with respect to...

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