Legal Opinion
Clem v. Lomeli
Court of Appeals for the Ninth Circuit
Decided June 2, 2009No. 07-16764PublishedCited by 158 opinions
1Opinion of the Court
HAWKINS, Circuit Judge:
Plaintiff James Clem (“Clem”), an inmate in the custody of the California Department of Corrections, appeals from an adverse jury verdict in his 42 U.S.C. § 1983 civil rights damages action, arguing the district court gave erroneous jury instructions and that the error was not harmless. In the underlying action, Clem alleges he was beaten by his cellmate and that a prison officer is liable for the attack under the Eighth Amendment for failing to abate a known risk. Concluding that the jury instructions misstated the law and that the error was prejudicial, we reverse and…
2Cases cited16 opinions
- Farmer v. BrennanSupreme Court of the United States · 1994
- Rhodes v. ChapmanSupreme Court of the United States · 1981
- Jones v. WilliamsCourt of Appeals for the Ninth Circuit · 2002
- H.N. Dang v. Gilbert CrossCourt of Appeals for the Ninth Circuit · 2005
- Guillermina Cortes-Quinones v. Charles Jimenez-Nettleship, Etc.Court of Appeals for the First Circuit · 1988
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3Cited by158 opinions
- Cion Peralta v. T. DillardCourt of Appeals for the Ninth Circuit · 2014
- Dewayne Bearchild v. Kristy CobbanCourt of Appeals for the Ninth Circuit · 2020
- Alejandro Velazquez v. City of Long BeachCourt of Appeals for the Ninth Circuit · 2015
- Hunter v. County of SacramentoCourt of Appeals for the Ninth Circuit · 2011
- Sanders v. City of NewportCourt of Appeals for the Ninth Circuit · 2011
153 more not listed; retrieve them via the Exa API.