Lokey v. Richardson, No. 77-1689

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore BROWNING, ELY and ANDERSON; PER CURIAM
Citation600 F.2d 1265
Docket NumberNo. 77-1689
Decision Date11 July 1979
PartiesBob LOKEY et al., Plaintiffs-Appellants, v. H. L. RICHARDSON et al., Defendants-Appellees.

Page 1265

600 F.2d 1265
Bob LOKEY et al., Plaintiffs-Appellants,
v.
H. L. RICHARDSON et al., Defendants-Appellees.
No. 77-1689.
United States Court of Appeals,
Ninth Circuit.
July 11, 1979.

Page 1266

Russel E. Spitler, Mill Valley, Cal., for plaintiffs-appellants.

Don Jacobson, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellees.

Appeal from the United States District Court for the Northern District of California.

Before BROWNING, ELY and ANDERSON, Circuit Judges.

PER CURIAM:

Appellant Lokey's section 1983 action challenging termination of his minimum custody status by California prison officials is before us for the third time. The events upon which the action is based are stated in Lokey v. Richardson, 527 F.2d 949 (9th Cir. 1975). That judgment was vacated by the Supreme Court for reconsideration in light of Meachum v. Fano, 427 U.S. 215, 96 S.Ct. 2532, 49 L.Ed.2d 451 (1976), and Montanye v. Haymes, 427 U.S. 236, 96 S.Ct. 2543, 49 L.Ed.2d 466 (1976). Since the parties and the district court had not addressed the legal and factual issues made relevant by Meachum and Montanye, we remanded to the district court. Lokey v. Richardson, 540 F.2d 1022 (9th Cir. 1976).

The district court dismissed the complaint with the following order:

This matter having been submitted to the Court for consideration and decision on the record and pleadings on file, IT IS HEREBY ORDERED that plaintiffs' Complaint be dismissed both in light of Meachum v. Fano, 427 U.S. 215, 96 S.Ct. 2532, 49 L.Ed.2d 451 and Montanye v. Haymes, 427 U.S. 236, 96 S.Ct. 2543, 49 L.Ed.2d 466 (1976), and because plaintiffs' present confinement in minimum security renders the issue moot.

Restoration of appellant's minimum custody status mooted his request for an injunction restraining prison officials from altering his custody classification without a hearing. But appellant also prayed for damages. At a minimum, appellant's allegations and the record developed thus far assert a claim for damages for mental and emotional distress arising from the failure to observe appellant's procedural rights that could be compensable. See Carey v. Piphus, 435 U.S. 247, 258-59, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978). Moreover, regardless of actual damages, appellant could be entitled to nominal damages if he prevailed. Id. at 266, 98 S.Ct. 1042. His action therefore was not mooted by his return to minimum custody.

Nor is appellant's claim necessarily extinguished by Meachum and...

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32 practice notes
  • Grill v. Quinn, No. 2:10-cv-0757 GEB GGH PS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 17 Junio 2013
    ...plaintiff might be entitled to recover nominal damages even if plaintiff could not establish actual damages); Lokey v. Richardson, 600 F.2d 1265, 1266 (9th Cir.1979) (per curiam) (holding that, although claim for injunctive relief was mooted, case was not moot because plaintiff prayed for d......
  • Rodriguez v. Vega, No. 2:15-cv-0158 GGH PS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 9 Noviembre 2015
    ...plaintiff might be entitled to recover nominal damages even if plaintiff could not establish actual damages); Lokey v. Richardson, 600 F.2d 1265, 1266 (9th Cir.1979) (per curiam) (holding that, although claim for injunctive relief was mooted, case was not moot because plaintiff prayed for d......
  • Lucas v. Hodges, No. 83-1099
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 23 Marzo 1984
    ...Cir.1980) (en banc), cert. denied sub nom. Anderson v. Winsett, 449 U.S. 1093, 101 S.Ct. 891, 66 L.Ed.2d 822 (1981); Lokey v. Richardson, 600 F.2d 1265 (9th Cir.1979) (per curiam), cert. denied, 449 U.S. 884, 101 S.Ct. 238, 66 L.Ed.2d 110 (1980). Our conclusion might be different if plainti......
  • Barcik v. Kubiaczyk
    • United States
    • Supreme Court of Oregon
    • 25 Mayo 1995
    ...for damages remained a live controversy even after the disciplinary proceedings were dropped." (citation omitted)); Lokey v. Richardson, 600 F.2d 1265, 1266 (9th Cir 1979) ("regardless of actual damages, appellant could be entitled to nominal damages if he prevailed. His action therefore wa......
  • Request a trial to view additional results
32 cases
  • Grill v. Quinn, No. 2:10-cv-0757 GEB GGH PS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 17 Junio 2013
    ...plaintiff might be entitled to recover nominal damages even if plaintiff could not establish actual damages); Lokey v. Richardson, 600 F.2d 1265, 1266 (9th Cir.1979) (per curiam) (holding that, although claim for injunctive relief was mooted, case was not moot because plaintiff prayed for d......
  • Rodriguez v. Vega, No. 2:15-cv-0158 GGH PS
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 9 Noviembre 2015
    ...plaintiff might be entitled to recover nominal damages even if plaintiff could not establish actual damages); Lokey v. Richardson, 600 F.2d 1265, 1266 (9th Cir.1979) (per curiam) (holding that, although claim for injunctive relief was mooted, case was not moot because plaintiff prayed for d......
  • Lucas v. Hodges, No. 83-1099
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 23 Marzo 1984
    ...Cir.1980) (en banc), cert. denied sub nom. Anderson v. Winsett, 449 U.S. 1093, 101 S.Ct. 891, 66 L.Ed.2d 822 (1981); Lokey v. Richardson, 600 F.2d 1265 (9th Cir.1979) (per curiam), cert. denied, 449 U.S. 884, 101 S.Ct. 238, 66 L.Ed.2d 110 (1980). Our conclusion might be different if plainti......
  • Barcik v. Kubiaczyk
    • United States
    • Supreme Court of Oregon
    • 25 Mayo 1995
    ...for damages remained a live controversy even after the disciplinary proceedings were dropped." (citation omitted)); Lokey v. Richardson, 600 F.2d 1265, 1266 (9th Cir 1979) ("regardless of actual damages, appellant could be entitled to nominal damages if he prevailed. His action therefore wa......
  • Request a trial to view additional results

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