Legal Opinion

Nunez v. Duncan

Court of Appeals for the Ninth Circuit

Decided January 11, 2010No. 04-36146PublishedCited by 266 opinions

1Opinion of the Court

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge SANDRA S. IKUTA

WILLIAM A. FLETCHER, Circuit Judge:

Federal prisoner Gerson Nunez filed a pro se Bivens complaint alleging various constitutional claims arising out of an unconsented strip search. The district court granted summary judgment for defendants. Nunez contends on appeal that his Fourth and First Amendment claims were improperly dismissed.

The district court recognized that Nunez had asserted a Fourth Amendment claim but dismissed it for failure to exhaust administrative remedies under the Prison Litigation Reform Act (“PLRA”). In…

2Cases cited23 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. Jones v. BockSupreme Court of the United States · 2007
  4. Woodford v. NgoSupreme Court of the United States · 2006
  5. Turner v. SafleySupreme Court of the United States · 1987

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3Cited by266 opinions

  1. Juan Albino v. Lee BacaCourt of Appeals for the Ninth Circuit · 2014
  2. Marshall King v. Robert McCartyCourt of Appeals for the Seventh Circuit · 2015
  3. Sapp v. KimbrellCourt of Appeals for the Ninth Circuit · 2010
  4. Delores Henry v. Melody HulettCourt of Appeals for the Seventh Circuit · 2020
  5. Angel Soto v. Unknown SweetmanCourt of Appeals for the Ninth Circuit · 2018

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