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PERALTA v. DILLARD

No. 09-55907.

744 F.3d 1076 (2014)

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 March 6, 2014.

Attorney(s) appearing for the Case

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

Janine K. Jeffery (argued) and Oren Rosenthal, Reily & Jeffery, Northridge, CA, for Defendants-Appellees.

Melinda Bird and Monisha Coelho , Disability Rights California, Los Angeles, CA, Donald Specter and Kelly Knapp , Prison Law Office, Berkeley, CA, Ernest Galvan and Lisa Ells , Rosen Bien Galvan & Grunfeld, LLP, San Francisco, CA, Paula D. Pearlman and Michelle Uzeta , Disability Rights Legal Center, Los Angeles, CA, for Amicus Curiae Disability Rights California, Disability Rights Legal Center, Prison Law Office, and Rosen Bien Galvan & Grunfeld, LLP.

Chief Judge KOZINSKI, delivered the opinion of the court, which is joined in full by Judges SILVERMAN, GRABER, TALLMAN, CLIFTON and NGUYEN. Judge BYBEE joins Part II.B.

OPINION

KOZINSKI, Chief Judge:

We consider whether prison officials sued for money damages under 42 U.S.C. § 1983 may raise a lack of available resources as a defense.

I. Background

At the time Cion Adonis Peralta arrived at California State Prison, Los Angeles County (Lancaster), the prison had only three or four dentists and three or four dental assistants. It had no office technicians or dental hygienists. State policy calls for...

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