Bob Lokey v. H. L. Richardson

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:

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…