Akao v. Shimoda

832 F.2d 119 Emmet AKAO, Allen V. Tripp and Garrick Umiamaka, Plaintiffs-Appellants, v. Edwin T. SHIMODA, Administrator of Oahu Community Correctional Center, and Michael Kanesako, Corrections Division Administrator, Defendants-Appellees. No. 84-1538. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 13, 1987. Decided June 19, 1987. As Amended on Denial of Rehearing and Rehearing En Banc Nov. 9, 1987. William H. Orrick III, and Tom Eicher, San Francisco, Cal., for plaintiffs-appellants. Glenn S. Grayson and James H. Danneberg, Honolulu, Hawaii, for defendants-appellees. Appeal from the United States District Court for the District of Hawaii. Before WALLACE, KENNEDY and WIGGINS, Circuit Judges. PER CURIAM: 1 Akao, Tripp, and Umiamaka (prisoners) brought a pro se action pursuant to 42 U.S.C. Sec. 1983 alleging a violation of their eighth amendment right to be free from cruel and unusual punishment. The defendants in this action, the Director of Corrections and Administrator of the Oahu Community Correction Center, moved to dismiss. The district court dismissed their action, holding that it "is clear that [the prisoners] can claim no eighth amendment…