BEARCHILD v. COBBAN

No. 17-35616.

947 F.3d 1130 (2020)

Dewayne BEARCHILD, Plaintiff-Appellant, v. Kristy COBBAN; Pasha, Sgt.; Sam Jovanovich; Tom Blaz; Dan Johnson; Shashlinge, C/O; Bruno, C/O; MacDonald, Sgt.; Denise Deyott, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 16, 2020.


Attorney(s) appearing for the Case

Kathryn Cherry (argued), Gibson Dunn & Crutcher LLP, Dallas, Texas; Theodore J. Boutrous Jr. , Gibson Dunn & Crutcher LLP, Los Angeles, California; Caitlin J. Halligan and Andrew C. Bernstein , Gibson Dunn & Crutcher LLP, New York, New York; for Plaintiff-Appellant.

Kirsten K. Madsen (argued), Assistant Attorney General, Agency Legal Services Bureau, Montana Department of Justice, Helena, Montana, for Defendants-Appellees.

Partial Concurrence and Partial Dissent by Judge Callahan


OPINION

Dewayne Bearchild, an inmate at the Montana State Prison (MSP), sued several prison staff members pursuant to 42 U.S.C. § 1983, alleging that his Eighth Amendment rights were violated when he was sexually assaulted during the course of a pat-down search. The district court dismissed all defendants...

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