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Ninth Circuit· 9/6/2023

Steve Marquez v. C. Rodriguez

Citations

  • 81 F.4th 1027

Oral argument

Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that failure to protect claim brought by a pretrial detainee under the Fifth Amendment was meaningfully different than Carlson
  • discussing three circumstances in which Bivens may be applied; 7 noting Supreme Court has “repeatedly and expressly confined Bivens claims” to said 8 circumstances
  • “Egbert … suggest[s] that a ‘new Bivens context’ arises anywhere that the 6 [Supreme] Court has not affirmatively stated that Bivens applies.”
  • de- scribing how “jails and prisons are operated differently” be- cause “[j]ails are typically smaller than prisons, they are not intended for long-term detention, and they house a different class of inmates”
  • failure to protect claim not 15 cognizable under Bivens
  • Fifth Amendment failure-to-protect pretrial detainee

Source: CourtListener parenthetical corpus (CC0).

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Cited by

3 cases in this archive cite this case.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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