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JONES v. ALLISON

No. 20-15795.

9 F.4th 1136 (2021)

Forrest Lee JONES; Rodrigo Ruben Escarcega; Dennis Barnes, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Kathleen ALLISON, Secretary of the California Department of Corrections and Rehabilitation, in her official capacity; Ralph Diaz, in his individual capacity; Scott Kernan, in his individual capacity; and John Does 1-10, in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 20, 2021.

Attorney(s) appearing for the Case

Ernest Galvan (argued), Michael W. Bien , and Rekha Arulanantham , Rosen Bien Galvan & Grunfeld LLP, San Francisco, California, for Plaintiffs-Appellants.

Cassandra J. Shryock (argued) and Jeffrey T. Fisher , Deputy Attorneys General; Misha D. Igra , Supervising Deputy Attorney General; Monica N. Anderson , Senior Assistant Attorney General; Office of the Attorney General, San Francisco, California; for Defendants-Appellees.

Before: Sandra S. Ikuta and Jacqueline H. Nguyen, Circuit Judges, and Richard K. Eaton, Judge.

OPINION

The issue before us is whether state executive officials of the California Department of Corrections and Rehabilitation (the "CDCR"),1 are immune from claims brought under 42 U.S.C. § 1983 for damages stemming from the CDCR's adoption...

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