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U.S. Court of Appeals for the 9th Circuit

Mar. 8, 2014

Lack of resources a defense in prisoner medical care suit, 9th Circuit rules

In a sharply divided decision, the 9th U.S. Circuit Court of Appeals ruled that prison officials can defend themselves from prisoner lawsuits by claiming a lack of resources.


By Hamed Aleaziz


Daily Journal Staff Writer


A sharply divided 9th U.S. Circuit Court of Appeals ruled that prison officials can defend themselves from prisoner lawsuits by claiming a lack of resources.


Chief Judge Alex Kozinski, writing for the 6-5 majority, found that U.S. District Judge James V. Selna correctly instructed the jury to consider the resources available to a prison dentist accused of providing unconstitutional medical care.

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