UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

COREY HUGHES, No. 20-17144 Plaintiff-Appellant, D.C. No. v. 2:18-cv-03188- JAM-DB MICHAEL RODRIGUEZ; ROBERT MOLTHEN; HARVEY CASILLAS; CHRIS RODRIGUEZ, OPINION Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California John A. Mendez, District Judge, Presiding

Argued and Submitted October 19, 2021 San Francisco, California

Filed April 21, 2022

Before: Ronald M. Gould and Carlos T. Bea, Circuit Judges, and Eric N. Vitaliano, * District Judge.

Opinion by Judge Bea; Partial Concurrence and Partial Dissent by Judge Vitaliano

* The Honorable Eric N. Vitaliano, United States District Judge for the Eastern District of New York, sitting by designation. 2 HUGHES V. RODRIGUEZ