Nunez v. Duncan, No. 04-36146 - U.S. Ninth Circuit
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Nunez v. Duncan, No. 04-36146

In a Bivens action arising out of an allegedly unlawful strip search of a prisoner, summary judgment for defendants is affirmed where: 1) plaintiff failed to exhaust his administrative remedies with respect to his First Amendment claim; and 2) the evidence plaintiff presented that a guard was motivated to search him for non-penological reasons was irrelevant to the reasonableness of the search.

Read Nunez v. Duncan, No. 04-36146

Appellate Information

Argued and Submitted May 6, 2009

Filed January 11, 2010

Judges

Opinion by Judge Fletcher

Dissent by Judge Ikuta

Counsel

For Appellant:

Banurekha Ramachandran, Perkins Coie, LLP, Portland, OR

For Appellees:

Margaret M. Ogden and Amy Potter, Federal Bureau of Prisons, SeaTac, WA