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)

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US Court of Appeals for the Ninth Circuit - 988 F.2d 122 (9th Cir. 1993) 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 Submission Withdrawn March 23, 1992.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.

E.D. Wash.


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.



Honorable Harold M. Fong, United States District Court for the District of Hawaii, sitting by designation


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3