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STARR v. BACA

No. 09-55233.

633 F.3d 1191 (2011)

Dion STARR, Plaintiff-Appellant, v. Leroy BACA, Los Angeles County Sheriff; in his individual capacity, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2011.

Attorney(s) appearing for the Case

Sonia Maria Mercado , R. Samuel Paz , Law Offices of R. Samuel Paz, Culver City, CA, for the plaintiff-appellant.

Melinda Cantrall , Adrianna Corrado , Hurrell & Cantrall LLP, Los Angeles, CA, for defendant-appellee Baca.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge TROTT.

OPINION

W. FLETCHER, Circuit Judge:

Plaintiff Dion Starr brings a § 1983 action for damages resulting from a violent attack he allegedly suffered while he was an inmate in the Los Angeles County Jail. The district court dismissed Starr's supervisory liability claim for deliberate indifference against Sheriff Leroy Baca in his individual capacity under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Because we hold that Starr has...

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