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MELNIK v. DZURENDA

No. 20-15378.

14 F.4th 981 (2021)

John MELNIK, Plaintiff-Appellee, v. James DZURENDA; Dwight Neven, Warden; Jay Barth, Sgt.; Jason Satterly, c/o; Anthony Warren, c/o; Stacey Barrett, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 27, 2021.

Attorney(s) appearing for the Case

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

Yaira Dubin (argued), O'Melveny & Myers LLP, New York, New York; Jonathan D. Hacker , O'Melveny & Myers LLP, Washington, D.C.; Melissa C. Cassel , O'Melveny & Myers LLP, San Francisco, California; Samuel Weiss , Rights Behind Bars, Washington, D.C.; for Plaintiff-Appellee.

Dissent by Judge Bennett.

OPINION

John Melnik, a Nevada prisoner, brought this Section 1983 action against six individuals, all former or current employees of the Nevada Department of Corrections.1 He alleged that they violated his constitutional rights by denying him...

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