William Raymond Klingele v. Kenneth O. Eikenberry Amos Reed Larry Kincheloe Tana Wood Mr. Gleason James Thatcher Mr. McClean

Appellant Klingele appeals a district court order granting summary judgment to appellees and dismissing his 42 U.S.C. §§ 1981 , 1983, 1985 and 1988 claims. We reverse the dismissal of the § 1983 claims.

FACTS

On several occasions between early June and late September of 1984, appellant William Klingele, an inmate in the Washington State Penitentiary at Walla Walla (“WSP”), was threatened by other inmates. Gary Isaacs and two other inmates attempted to extort money from Klingele and repeatedly threatened to harm him or have others harm his family. In July, Klingele advised custody unit supervisor McClean of the threats, said he feared for his safety, and asked to be transferred to the Medium Security Building (“MSB”). McClean told him that his custody level precluded placement in medium security, and that his only option was to enter the Protective Custody Unit (“PCU”). Klingele declined to move to PCU, though the parties disagree as to the reason. Appellees claim he did not wish to move because it would interfere with his programming; Klingele claims he knew he would not be free of danger even in PCU.

In late July, Klingele’s mother called McClean and warned him that the…