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DRAPER v. ROSARIO

No. 14-16340.

836 F.3d 1072 (2016)

John Clint DRAPER, Plaintiff-Appellant, v. D. ROSARIO, Officer; E. Rogers, Lieutenant, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2016.

Attorney(s) appearing for the Case

Matthew Guarnieri (argued) and Paul R.Q. Wolfson , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Plaintiff-Appellant.

Suzanne Antley (argued), Deputy Attorney General; Thomas S. Patterson , Supervising Deputy Attorney General; Jonathan L. Wolff , Senior Assistant Attorney General; Kamala D. Harris , Attorney General; Office of the Attorney General, San Diego, California, for Defendant-Appellee D. Rosario.

Partial Concurrence and Partial Dissent by Judge Bea

OPINION

In this prisoner civil rights action, plaintiff John Clint Draper ("Draper") alleged a violation of his Eighth Amendment right to be free from cruel and unusual punishment stemming from a physical altercation with defendant Officer David Rosario ("Rosario")...

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