Eric Hurst v. Estela Derr

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 16 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ERIC HURST, No. 23-15523

Plaintiff-Appellant, D.C. No. 1:22-cv-171-DKW-RT v.

ESTELA DERR, et al., MEMORANDUM*

Defendants-Appellees.

Appeal from the United States District Court for the District of Hawaii Derrick K. Watson, District Judge, Presiding

Submitted February 14, 2024** Honolulu, Hawaii

Before: PAEZ, M. SMITH, and KOH, Circuit Judges. Concurrence by Judge M. SMITH.

Eric Hurst (“Hurst”) appeals the dismissal of his Bivens1 claim against Earl

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 1 Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971), established that a violation of a citizen’s constitutional rights by a federal officer can give rise to a federal cause of action for damages. Dayton, a…