PALMER v. VALDEZ

No. 06-15458.

560 F.3d 965 (2009)

Will Moses PALMER, Plaintiff-Appellant, v. M. VALDEZ; N. Walker, Sergeant; R. Lebedeff; S. Henley; B. Gibbs; G.R. Salazar, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2009.


Attorney(s) appearing for the Case

Michelle Friedland (argued) and Martin D. Bern of Munger, Tolles & Olson, LLP of San Francisco, CA, for the plaintiff-appellant.

Julianne Mossler, Deputy Attorney General (argued), Edmund G. Brown, Jr., Attorney General, David S. Chaney, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, and Michael W. Jorgenson, Supervising Deputy Attorney General of San Francisco, CA, for the defendants-appellees.

Before: EUGENE E. SILER, JR., M. MARGARET McKEOWN and CONSUELO M. CALLAHAN, Circuit Judges.


CALLAHAN, Circuit Judge:

William Palmer, a California state prisoner, appeals from the district court's judgment in favor of prison officials in his pro se 42 U.S.C. § 1983 action alleging violations of the Eighth Amendment. Following a bench trial, Palmer argues that the district court erred by (1) imposing an unconstitutional condition on Palmer's waiver of his right to trial by jury, and (2) denying Palmer's request for the appointment of counsel pursuant...

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