Albers v. Whitley, 82-3551
Decision Date | 30 April 1986 |
Docket Number | No. 82-3551,82-3551 |
Parties | Gerald ALBERS, Plaintiff-Appellant, v. Harold WHITLEY, Defendants-Appellees. |
Court | U.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 ... ...