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FURNACE v. SULLIVAN

No. 10-15961.

705 F.3d 1021 (2013)

Edward Terran FURNACE, Plaintiff-Appellant, v. Paul SULLIVAN, CO; D. Morales, CO; J. Soto, CO, sued in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 17, 2013.

Attorney(s) appearing for the Case

Victoria L. Weatherford (argued) and Daniel H. Bookin , O'Melveny & Myers LLP, San Francisco, CA, for Plaintiff-Appellant.

Jose Zelidon-Zepeda (argued), Deputy Attorney General, State of California, for Defendants-Appellees.

Before: ROBERT D. SACK, RONALD M. GOULD, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

M. SMITH, Circuit Judge:

Plaintiff-Appellant Edward Terran Furnace appeals from the district court's grant of summary judgment in Defendants-Appellees' favor. Furnace alleges that the Defendants-Appellees, who are correctional officers at the prison where Furnace was incarcerated at the time of the alleged occurrence, violated his Eighth Amendment rights by spraying him with an excessive quantity of pepper spray. Furnace also alleges that his Fourteenth...

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