SADDOZAI v. DAVIS

No. 20-17519.

35 F.4th 705 (2022)

Shikeb SADDOZAI, Plaintiff-Appellant, v. Ron DAVIS, Warden of San Quentin State Prison; Clawson, Correctional Officer, San Quentin State Prison; Malikian, Correctional Officer, San Quentin State Prison; C. Smith, Correctional Officer, San Quentin State Prison; Serrintino, Correctional Officer, San Quentin State Prison; Prieto, Correctional Officer, San Quentin State Prison; Herrera, Sergeant Correctional Officer, San Quentin State Prison; M. Gaitan, CDCR Correctional Officer, Sergeant; Director, California Department of Corrections and Rehabilitation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 23, 2022.


Attorney(s) appearing for the Case

Katherine Cion (argued) and Christina Davis , Roderick & Solange MacArthur Justice Center, Washington, D.C.; Easha Anand , Roderick & Solange MacArthur Justice Center, San Francisco, California; for Plaintiff-Appellant.

Oliver C. Wu (argued) and Kevin A. Voth , Deputy Attorneys General; Alicia A. Bower , Supervising Deputy Attorney General; Monica N. Anderson , Senior Assistant Attorney General; Rob Bonta , Attorney General; Office of the Attorney General, San Francisco, California; for Defendants-Appellees.

Eugene M. Gelernter and Abigail E. Marion , Patterson Belknap Webb & Tyler LLP, New York, New York, for Amici Curiae American Civil Liberties Union, American Civil Liberties Union of Northern California; Brennan Center for Justice at NYU School of Law, Florida Justice Institute, Human Rights Defense Center, Prison Law Office, Southern Center for Human Rights, and Southern Poverty Law Center.

Before: EUGENE E. SILER, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.


OPINION

In this case we clarify the underlying principle in Jackson v. Fong, 870 F.3d 928 (9th Cir. 2017), which controls the outcome here. Jackson made clear that the Prison Litigation Reform Act (PLRA) does not supplant or modify Federal Rule of Civil Procedure...

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