Preston

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARCELLAS HOFFMAN, No. 20-15396 Plaintiff-Appellant, D.C. No. v. 1:16-cv-01617-

LJO-SAB

PRESTON,

Defendant-Appellee,

OPINION

and

D. COYLE; MATEVOISAIN, Warden;

L. T. HAYES; FIELDS, SIA

Investigator, Defendants.

Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, District Judge, Presiding

Argued and Submitted February 8, 2021 San Francisco, California

Filed February 28, 2022 Before: Kim McLane Wardlaw and Carlos T. Bea, Circuit Judges, and Lee H. Rosenthal, * District Judge.

Opinion by Chief District Judge Rosenthal; Dissent by Judge Bea

SUMMARY **

Prisoner Civil Rights

The panel reversed the district court’s dismissal of an action brought by federal prisoner Marcellas Hoffman alleging that correctional officer Timothy Preston labeled him a snitch to other prisoners, offered them a bounty to assault Hoffman, and failed to protect him from the predictable assault by another prisoner.

Hoffman sued Preston for violating his Eighth Amendment rights and sought damages under Bivens v. Six Unknown Named…