The following excerpt is from Oubichon v. Carey, No. 2:06-cv-2749-JAM-EFB P (E.D. Cal. 2017):
3. Because plaintiff cannot establish that defendants violated the Eighth Amendment, it is unnecessary to consider their argument that they are entitled to qualified immunity. See Pearson v. Callahan, 555 U.S. 223, 236 (2009).
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