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CHAMBERS v. C. HERRERA

No. 20-55004.

78 F.4th 1100 (2023)

Roscoe CHAMBERS, Plaintiff-Appellant, v. C. HERRERA, Special Housing Unit Lieutenant, individual and official capacity; E. Velez, individual; Mary M. Mitchell, in her individual capacity; D. Miller, in his individual capacity; Ragosa, in her individual capacity; A. Martin, S.I. Officer in his individual capacity; Jose Esquitini, Physician Assistant; E. Perez, Defendants-Appellees, and Braun, individual; Chrisman, individual; M. Mitchell, Western Regional Director, official capacity; Clark, in his individual capacity; Steven Lake, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2023.

Attorney(s) appearing for the Case

Christine Hanon (argued), Emily Dennis , and Abigail Miles , Certified Law Students; Carter White , Supervising Attorney; UC Davis Civil Rights Clinic, Davis, California; for Plaintiff-Appellant.

Margaret M. Chen (argued), Assistant United States Attorney; David M. Harris , Assistant United States Attorney, Civil Division Chief; Tracy L. Wilkison , United States Attorney; United States Attorney's Office, Los Angeles, California; for Defendants-Appellees.

Before: Jay S. Bybee and Ryan D. Nelson, Circuit Judges, and Jed S. Rakoff, District Judge.

OPINION

We once again grapple with Bivens. Under Egbert v. Boule, 596 U.S. 482, 142 S.Ct. 1793, 213 L.Ed.2d 54 (2022), most claims seeking to expand Bivens are "dead on arrival." Harper v. Nedd, 71 F.4th 1181, 1187 (9th Cir. 2023). For...

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