Willard S. Walker v. John O. Hoffman, Russell B. Halliday, Dale L. Farley, Merle Hofferber, W. P. Ronayne, Edward Lewis, Jr., and Does I Through X

Good Law
583 F.2d 1073·1978 U.S. App. LEXIS 10541
United States Court of Appeals for the Ninth CircuitJune 23, 197877-2694California1,006 words

Opinion

Opinion

Willard S. Walker appeals from a judgment of the United States District Court for the District of Oregon, Robert C. Bello-ni, Judge, granting summary judgment for the appellees, employees of the U.S. Forest Service. Walker alleges that the appellees conspired to and did deprive him of his constitutional rights to prospect and mine public domain land open to mineral entry, and to maintain structures necessary for such mining. Walker further maintains that the destruction of his cabin and confiscation of his personal property were unlawful, exceeding the authority of the forestry officials. Accordingly, he seeks monetary damages pursuant to rights granted by the fifth amendment to the U.S. Constitution and 42 U.S.C. § 1985 (3).

The district court adopted the findings of the United States Magistrate, who determined that the appellees’ claim of qualified immunity was supported by substantial undisputed evidence. We concur with these findings of fact and law, and affirm the district court’s grant of summary judgment for the appellees.

Facts

Appellant Walker was the claimant of a mining lode claim on U.S. Forest Service lands. In an attempt to eliminate unauthorized use of such…

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