Lokey v. Richardson, No. 74-1256

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore BROWNING, ELY and ANDERSON
Citation540 F.2d 1022
PartiesBob LOKEY et al., Plaintiffs-Appellants, v. H. L. RICHARDSON, etc., et al., Defendants-Appellees.
Decision Date09 September 1976
Docket NumberNo. 74-1256

Page 1022

540 F.2d 1022
Bob LOKEY et al., Plaintiffs-Appellants,
v.
H. L. RICHARDSON, etc., et al., Defendants-Appellees.
No. 74-1256.
United States Court of Appeals,
Ninth Circuit.
Sept. 9, 1976.

Evelle J. Younger, Atty. Gen. of Cal., San Francisco, Cal., for defendants-appellees.

ORDER

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.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • February 16, 1982
    ...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.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • March 20, 1985
    ...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
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 11, 1979
    ...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.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • February 16, 1982
    ...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.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Northern District of Texas
    • March 20, 1985
    ...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
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • July 11, 1979
    ...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......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT