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EFAW v. WILLIAMS

No. 04-16920.

473 F.3d 1038 (2007)

Robert EFAW, Plaintiff-Appellee, v. Teresa WILLIAMS, Detention Officer or Deputy Sheriff, Winslow Jail, in her official and individual capacity, Defendant-Appellant, and Gary H. Butler, Navajo County Sheriff; Jack Kerr, Detention Officer or Deputy Sheriff in his official and individual capacity; Mike Duran, Jail Commander, Navajo County Sheriff's Department; Farrell Yonnie, Detention Officer or Deputy Sheriff at Navajo County Sheriff's Department in her official and individual capacity; Navajo County; Navajo County Sheriff'S Office; Gailene Butler, aka Jane Doe Butler; Debbie Kerr, aka Jane Doe Kerr; Jane Doe Duran; Jane Doe Yonnie; Jane Doe Williams, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 16, 2007.

Attorney(s) appearing for the Case

Randall H. Warner, Jones, Skelton & Hochuli, PLC, Phoenix, AZ, for the defendant-appellant.

Dennis J. Glanzer, Glanzer Law Office, Flagstaff, AZ, for the plaintiff-appellee.

Before: GRABER, W. FLETCHER, and TALLMAN, Circuit Judges.

GRABER, Circuit Judge:

Plaintiff Robert Efaw claims that he was beaten severely by two guards while imprisoned at a Navajo County jail in Arizona. He filed suit against Defendant Officer Teresa Williams, one of the two guards involved in the incident, and various institutional and individual defendants. Plaintiff failed to serve Defendant with the complaint until seven years after it was filed.

Defendant moved to be dismissed as a defendant pursuant to Federal...

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