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Snow v. Riveland

filed*fn*: December 17, 1991.

JERRY SNOW; EDGAR EDINGTON, PLAINTIFFS-APPELLEES,
v.
CHASE RIVELAND; T. A. GUSKE; R. W. JOHNSON; LAWRENCE KINCHELOE; CAROL MOSES, DEFENDANTS-APPELLANTS.



Appeal from the United States District Court for the Eastern District of Spokane. Justin L. Quackenbush, Chief District Judge, Presiding. D.C. No. CV-88-0399-JLQ.

Before: Wright, Thompson, T. G. Nelson, Circuit Judges.

MEMORANDUM

This civil rights action brought under 42 U.S.C. ยง 1983 by two inmates at the Washington State Penitentiary alleged Eighth Amendment violations in the conditions of confinement. The district court granted equitable relief and the parties agree that the conditions complained of have been corrected. Riveland and the other state officials ask that we vacate the injunction. Appellants also cite Wilson v. Seiter, U.S. , 111 S. Ct. 2321 (1991), decided after the district court entered the injunction, in support of their request that we vacate the injunction.

Pending appeal, plaintiff Snow has died and Edington has left the institution on parole. There remains for consideration by the district court only the claims for damages.

We vacate the injunction and remand for trial or other disposition of the remaining issues.

VACATED AND REMANDED.

Disposition

VACATED AND ...


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