Hoffman v. Preston
9th Cir. No. 20-15396
Partnering with the law firm Covington and Burling, Rights Behind Bars represents Marcellas Hoffman, who was incarcerated in a California prison when a correctional officer offered to pay other incarcerated people to assault him and spread rumors he hoped would lead to an attack on Hoffman. His effort succeeded and Hoffman was badly beaten. A district court dismissed his pro se complaint was dismissed on the grounds that a Bivens claim for damages under the Eighth Amendment is no longer available for claims that a prison official failed to protect an incarcerated person from assault. Rights Behind Bars and Covington and Burling have argued that a Bivens claim, established for decades as the appropriate remedy for this exact type of claim, remains available.
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