No. 02-56302.

413 F.3d 1036 (2005)

Clarence Leonard HEARNS, Jr., Plaintiff-Appellant, v. Cal TERHUNE; Robert Powell, Correctional Officer; R. Nelson, Sergeant, Correctional Officer; Alan Kahn; F. Dymond, Correctional Captain at Calipatria State Prison; Sylvia Garcia, Chief Deputy Warden; Larry Small, Warden, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 30, 2005.

Attorney(s) appearing for the Case

Daniel L. Alexander, O'Melveny & Myers, Los Angeles, CA, for the plaintiff-appellant.

Barbara C. Spiegel, Deputy Attorney General, State of California, San Francisco, CA, for the defendants-appellees.

Before HUG, PREGERSON, and BERZON, Circuit Judges.

PREGERSON, Circuit Judge.

Plaintiff-Appellant Clarence Leonard Hearns, Jr., is a Muslim inmate at Calipatria State Prison. In June 1999, Hearns filed a pro se complaint alleging violations of his civil rights under 42 U.S.C. § 1983. Specifically, Hearns alleged that several Calipatria State Prison officials violated his Eighth Amendment right to be free from cruel and unusual punishment when they failed to protect him from being attacked by fellow Muslim...


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