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WILK v. NEVEN

No. 17-17355.

956 F.3d 1143 (2020)

Robert WILK, Plaintiff-Appellant, v. Dwight NEVEN, Warden; Cary Leavitt; J. Nash, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 23, 2020.

Attorney(s) appearing for the Case

Matthew V.H. Noller (argued), King & Spalding LLP, Sacramento, California, for Plaintiff-Appellant.

Frank A. Toddre II (argued), Senior Deputy Attorney General; D. Randall Gilmer , Chief Deputy Attorney General; Aaron D. Ford , Attorney General; Office of the Attorney General, Las Vegas, Nevada; for Defendants-Appellees.

Before: Kim McLane Wardlaw, William A. Fletcher, and Richard Linn, Circuit Judges.

OPINION

On February 11, 2014, Robert Wilk was brutally assaulted by another inmate in a Nevada state prison. Alleging violations of his Eighth Amendment right to be free from cruel and unusual punishment, Wilk brought suit against defendants Dwight Neven, the prison warden; Jennifer Nash, an associate warden...

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