Douglas Lee Thayer; Richard Lee Thompson; Michael D.earls; Javier Mf. Lopez; Robert L. Clark; Franklindberg, Plaintiffs-appellees, v. Lawrence Kincheloe, Warden; Booth Gardner, Governor; Amose. Reed, Former Secretary; John Lambert, Captain,defendants-appellants, 988 F.2d 122 (9th Cir. 1993)Annotate this Case
Argued and Submitted March 3, 1992. Submission Withdrawn March 23, 1992. Resubmitted March 7, 1993. Decided March 4, 1993
Appeal from the United States District Court for the Eastern District of Washington; Nos. CV-87-742-JLQ, CV-86-036-JLQ, CV-86-798-RJM, CV-87-751-JLQ, CV-87-458-JLQ, and CV-88-004-AAM, Justin L. Quackenbush, Alan A. McDonald, and Robert J. McNichols, District Judges, Presiding.
Before EUGENE A. WRIGHT and ALARCON, Circuit Judges, and FONG,* District Judge.
In light of our decision in Hemphill v. Kincheloe, No. 89-35825 + (9 th Cir. March 3, 1993), we find that the prison officials are entitled to qualified immunity as a matter of law. Based on this finding, we reverse the district court and order judgment in favor of the appellants.