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WATANABE v. DERR

No. 23-15605.

115 F.4th 1034 (2024)

Kekai WATANABE, Plaintiff-Appellant, v. Estela DERR; K. Robl, Mr.; Nielsen, Nurse; Kwon, Dr., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2024.

Attorney(s) appearing for the Case

D. Dangaran (argued), Sophie Angelis, and Samuel Weiss, Rights Behind Bars, Washington, D.C., for Plaintiff-Appellant.

Dana A. Barbata (argued) and Harry Yee, Assistant United States Attorneys; Clare E. Connors, United States Attorney, District of Hawaii; United States Department of Justice, Office of the United States Attorney, Honolulu, Hawaii; for Defendants-Appellees.

Partial Concurrence and Partial Dissent by Judge M. Smith.

OPINION

Kekai Watanabe ("Watanabe"), an incarcerated individual at Federal Detention Center ("FDC") Honolulu, was brutally assaulted during a gang-related fight in July 2021. Watanabe sustained severe injuries, and he later learned that his coccyx had been fractured and bone chips had entered the surrounding soft tissue...

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