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WOOD v. BEAUCLAIR

No. 10-35300.

692 F.3d 1041 (2012)

Lance Conway WOOD, Plaintiff-Appellant, v. Tom BEAUCLAIR, Director of Prisons; Keith Yordy, OPS; Steve Wolfe, OPS; Phil Foster, Warden of Idaho Correctional Institution of Orofino (ICIO); Dean Allen, Deputy Warden of ICIO; Eric MacEachern, Deputy Warden of ICIO; Shriver, Captain of ICIO; Lawanda Thomason, Lieutenant of ICIO; Ken Aldren, Sergeant of ICIO; Alis Lahie, Sergeant at ICIO; Sandra De Martin, Correctional Officer of ICIO; Atencio, Deputy Warden of Idaho State Correctional Institution; Jim Dorsey, Sergeant of ISCI; Debi Titus, Health Services Administrator of ICIO; Hill, Doctor; Whipple, Nurse of ICIO; Jon-Eric Baillie; Vern McCready, P.A., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2012.

Attorney(s) appearing for the Case

Thomas G. Saunders , Wilmer Cutler Pickering Hale and Dorr LLP, Washington D.C., for the plaintiff-appellant.

Keely E. Duke , Hall, Farley, Oberrecht & Blanton, P.A., Boise, ID, for the defendants-appellees.

Before: BETTY B. FLETCHER and HARRY PREGERSON, Circuit Judges, and DONALD E. WALTER, District Judge.

OPINION

B. FLETCHER, Circuit Judge:

Plaintiff-Appellant Lance Conway Wood is a state prisoner in Idaho. Wood allegedly engaged in a romantic, but not sexual, relationship with a female prison guard, Sandra de Martin. Wood alleges that both during and after the relationship, Martin perpetrated sexual acts on him without his consent. He filed a civil rights complaint under 42 U.S.C. § 1983 alleging constitutional violations of the First, Fourth, and Eighth...

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