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CLEM v. LOMELI

No. 07-16764.

566 F.3d 1177 (2009)

James CLEM, Plaintiff-Appellant, v. G. LOMELI, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 2009.

Attorney(s) appearing for the Case

Karen Kreuzkamp (presented oral arguments) and George C. Harris, Morrison & Foerster, LLP, San Francisco, CA, for the appellant.

Vickie P. Whitney (presented oral arguments) and Christopher J. Becker (authored brief), Office of the State of California Attorney General, Sacramento, CA, for the appellee.

Opinion by Judge HAWKINS; Concurrence by Judge HUG.

HAWKINS, Circuit Judge:

Plaintiff James Clem ("Clem"), an inmate in the custody of the California Department of Corrections, appeals from an adverse jury verdict in his 42 U.S.C. § 1983 civil rights damages action, arguing the district court gave erroneous jury instructions and that the error was not harmless. In the underlying action, Clem alleges he was beaten by his cellmate and that a prison officer is liable for the attack under the Eighth Amendment for...

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