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NUNEZ v. DUNCAN

No. 04-36146.

591 F.3d 1217 (2010)

Gerson NUNEZ, Plaintiff-Appellant, v. Dr. DUNCAN, Officer at FCI; Gary L. Angus, Ex-Counselor at FPC-Sheridan, now FCI; Mike Sandels, Camp-Administrator at FPC-Sheridan; Johnson, Lieutenant at FCI; Gendreau, Lieutenant at FCI; Ex-Captain Smith, at FCI; Robert Hood, Ex-Warden at FCI; Charles A. Daniels, at FCI; Robert M. Haro, Central Regional; Harrel Watts, Central Office Washington, DC; Wanda M. Hunt, Chief, FOIA; Priscilla Jones, Administrative Specialist FOIA, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2010.

Attorney(s) appearing for the Case

Banurekha Ramachandran, Perkins Coie, LLP, Portland, OR, Gerson Nunez, Pro se, Anchorage, AK, for the appellant.

Margaret M. Ogden, Federal Bureau of Prisons, SeaTac, WA, Amy Potter, Suzanne Bratis, Adrian Lee Brown, Office of the U.S. Attorney, Portland, OR, for the appellees.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge SANDRA S. IKUTA

WILLIAM A. FLETCHER, Circuit Judge:

Federal prisoner Gerson Nunez filed a pro se Bivens complaint alleging various constitutional claims arising out of an unconsented strip search. The district court granted summary judgment for defendants. Nunez contends on appeal that his Fourth and First Amendment claims were improperly dismissed.

The district court recognized that Nunez had asserted a Fourth Amendment claim but dismissed it for failure to exhaust...

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