Lokey v. Richardson, No. 74-1256
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | Before BROWNING, ELY and ANDERSON |
| Citation | 540 F.2d 1022 |
| Parties | Bob LOKEY et al., Plaintiffs-Appellants, v. H. L. RICHARDSON, etc., et al., Defendants-Appellees. |
| Decision Date | 09 September 1976 |
| Docket Number | No. 74-1256 |
Page 1022
v.
H. L. RICHARDSON, etc., et al., Defendants-Appellees.
Ninth Circuit.
Evelle J. Younger, Atty. Gen. of Cal., San Francisco, Cal., for defendants-appellees.
Before BROWNING, ELY and ANDERSON, Circuit Judges.
Because the legal and factual considerations relevant to the decision of this case in light of Montanye v. Haymes, --- U.S. ----, 96 S.Ct. 2543, 49 L.Ed.2d --- (1976), and Meachum v. Fano, --- U.S. ----, 96 S.Ct. 2532, 49 L.Ed.2d --- (1976), were not addressed by the parties or the district court, the summary judgment, reversed by the Court of Appeals, 9 Cir., 527 F.2d 949, with certiorari granted by the Supreme Court, --- U.S. ----, 96 S.Ct. 3186, 49 L.Ed.2d ---, is vacated and the cause remanded for further proceedings consistent with those decisions.
To continue reading
Request your trial
3 practice notes
-
Lokey v. Richardson, No. C-73-0592 RFP.
...427 U.S. 236, 96 S.Ct. 2543, 49 L.Ed.2d 466 (1976).1 The Ninth Circuit, in turn, remanded the case to this court in Lokey v. Richardson, 540 F.2d 1022 (9th Cir. 1976). After we dismissed the case, in part in reliance on Meachum v. Fano, supra, and Montanye v. Haymes, supra, the action came ......
-
Clark v. Tarrant County, Tex., Civ. A. No. 4-82-260 K.
...Adult Authority is ... absolutely immune from liability") rev'd on other grounds, 527 F.2d 949 (9th Cir.1975) reversal vacated, 540 F.2d 1022 (9th Cir.1976), rev'd on other grounds, 600 F.2d 1265 (9th A State's sovereign immunity, and thus, the TCAPD's immunity, is not absolute, howeve......
-
Lokey v. Richardson, No. 77-1689
...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. The district court dismissed the complaint with the following order: This matter having been submitted to the Court for considera......
3 cases
-
Lokey v. Richardson, No. C-73-0592 RFP.
...427 U.S. 236, 96 S.Ct. 2543, 49 L.Ed.2d 466 (1976).1 The Ninth Circuit, in turn, remanded the case to this court in Lokey v. Richardson, 540 F.2d 1022 (9th Cir. 1976). After we dismissed the case, in part in reliance on Meachum v. Fano, supra, and Montanye v. Haymes, supra, the action came ......
-
Clark v. Tarrant County, Tex., Civ. A. No. 4-82-260 K.
...Adult Authority is ... absolutely immune from liability") rev'd on other grounds, 527 F.2d 949 (9th Cir.1975) reversal vacated, 540 F.2d 1022 (9th Cir.1976), rev'd on other grounds, 600 F.2d 1265 (9th A State's sovereign immunity, and thus, the TCAPD's immunity, is not absolute, howeve......
-
Lokey v. Richardson, No. 77-1689
...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. The district court dismissed the complaint with the following order: This matter having been submitted to the Court for considera......