Jones v. Taber

648 F.2d 1201 Robert Hugh JONES, Plaintiff-Appellant, v. Rodger TABER, Robert David, Felix Humbird, Stuart Kilby, Irv Burkett, Stan Cargill, Stanley Kerner, William Gatske, and Sam Van Meter, Defendants-Appellees. No. 78-2310. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 2, 1980. Decided June 22, 1981. Ron D. Ferguson, Tualatin, Or., for plaintiff-appellant. Jack D. Hoffman, Portland, Or., for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before KENNEDY and SCHROEDER, Circuit Judges, and McNICHOLS, * District Judge. KENNEDY, Circuit Judge: 1 Appellant Jones filed a civil rights action against officials of Multnomah County, Oregon. The district court granted summary judgment for the defendants on the grounds that Jones had, in exchange for $500 paid to him, signed a release in favor of all the defendants. We find that summary judgment was inappropriate and reverse. 2 The facts are not disputed in any material respect by the appellees. Jones was being held in county jail after conviction and while awaiting sentence. On the night of July 3, 1976, Jones was taken from his cell, stripped, gagged, bound,…