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Thayer v. Kincheloe

filed: March 4, 1993.

DOUGLAS LEE THAYER; RICHARD LEE THOMPSON; MICHAEL D. EARLS; JAVIER MF. LOPEZ; ROBERT L. CLARK; FRANK LINDBERG, PLAINTIFFS-APPELLEES,
v.
LAWRENCE KINCHELOE, WARDEN; BOOTH GARDNER, GOVERNOR; AMOS E. REED, FORMER SECRETARY; JOHN LAMBERT, CAPTAIN, DEFENDANTS-APPELLANTS.



Appeal from the United States District Court for the Eastern District of Washington. D.C. No. CV-87-742-JLQ, No. CV-86-036-JLQ, No. CV-86-798-RJM, No. CV-87-751-JLQ, No. CV-87-458-JLQ, No. CV-88-004-AAM. Justin L. Quackenbush, Alan A. McDonald, and Robert J. McNichols, District Judges, Presiding

Before: Wright and Alarcon, Circuit Judges, and Fong,*fn** District Judge.

MEMORANDUM

In light of our decision in Hemphill v. Kincheloe, No. 89-35825 (9th 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.

REVERSED.

Disposition

REVERSE ...


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