No. 21-55981.

81 F.4th 1027 (2023)

Steve MARQUEZ, Plaintiff-Appellee, v. C. RODRIGUEZ, Correctional Officer at M.C.C. Federal Prison; L. Kelly, Correctional Officer at M.C.C. Federal Prison, Defendants-Appellants, and United States of America; Federal Bureau of Prisons; David L. Young, Warden of M.C.C. Federal Prison; Does, John Doe #1 Classification Official; Jane Doe #1 Classification Officer; Supervisor John Doe #2 Prison Guard, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2023.

Attorney(s) appearing for the Case

Colin M. McDonald (argued) and George V. Manahan , Assistant United States Attorneys; Katherine L. Parker , Assistant United States Attorney, Civil Division Chief; Randy S. Grossman , United States Attorney; United States Department of Justice, Southern District of California, San Diego, California; for Defendants-Appellants.

D. Dangaran (argued), Oren Nimni and Samuel Weiss , Rights Behind Bars, Washington, D.C.; Hope Bentley and Ronak Patel , Certified Law Students; Aaron Littman , Supervising Attorney; UCLA School of Law Prisoners' Rights Clinic, Los Angeles, California; for Plaintiff-Appellee.

Concurrence by Judge W. Fletcher


We address whether a plaintiff—who alleges that federal correctional officers failed to protect him from other detainees in a jail—can seek damages against them based on the Fifth Amendment's due process clause. See generally Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics...

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