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PERALTA v. DILLARD

No. 09-55907.

704 F.3d 1124 (2013)

Cion Adonis PERALTA, Plaintiff-Appellant, v. T.C. DILLARD, Chief Dental Officer; S. Brooks, D.D.S. Staff Dentist; J. Fitter, Chief Medical Officer, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2013.

Attorney(s) appearing for the Case

Derek Milosavljevic , Kirkland & Ellis LLP, Los Angeles, CA, for Plaintiff-Appellant.

Janine K. Jeffery , Reily & Jeffery, Northridge, CA, for Defendants-Appellees.

Opinion by Judge FERNANDEZ; Dissent by Judge BERZON.

OPINION

FERNANDEZ, Circuit Judge:

Cion Adonis Peralta appeals the district court's judgment as a matter of law in favor of Dr. Thaddeus Dillard and Dr. Junaid Fitter and its judgment following a jury verdict in favor of Dr. Sheldon Brooks, in Peralta's 42 U.S.C. § 1983 action claiming that they were deliberately indifferent to his medical needs related to dental care. In this opinion, we decide whether the district court erred when it instructed the...

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