Albers v. Whitley, 82-3551

Decision Date30 April 1986
Docket NumberNo. 82-3551,82-3551
PartiesGerald ALBERS, Plaintiff-Appellant, v. Harold WHITLEY, Defendants-Appellees.
CourtU.S. Court of Appeals — Ninth Circuit

Gene B. Mechanic, Portland, Or., for plaintiff-appellant.

Kay Kiner James, Asst. Atty. Gen., David Frohnmayer, Atty. Gen., Salem, Or., for defendants-appellees.

Before WRIGHT, CANBY and BOOCHEVER, Circuit Judges.

Pursuant to the decision and mandate of the Supreme Court of the United States in Whitley v. Albers, --- U.S. ----, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986), the decision of the district court in this case is affirmed.

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    ... ... should be dismissed because sovereign immunity has not been ... waived: Albers v. Whitley, 546 F.Supp. 726 (9th Cir ... 1986), reversed on other grounds 475 U.S. 312 ... ...

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