Toomey v. Clark

876 F.2d 1433 50 Fair Empl.Prac.Cas. 437 Patricia Gayle TOOMEY, Petitioner-Appellant, v. Sue CLARK, Superintendent of the Washington State Corrections Center at Purdy; Kenneth O. Eikenberry, Attorney General of the State of Washington, Respondents-Appellees. No. 87-4350. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 11, 1989. Decided June 8, 1989. Timothy K. Ford, Seattle, Wash., for petitioner-appellant. Linda A. Dalton, Asst. Atty. Gen., Olympia, Wash., John M. Jones, Asst. Atty. Gen., Dept. of Corrections, Olympia, Wash., for respondents-appellees. Appeal from the United States District Court for the Western District of Washington. Before WRIGHT, TANG and WIGGINS, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 Patricia Gayle Toomey, a Washington prisoner, appeals the district court's denial of her habeas corpus petition without an evidentiary hearing. She contends that the juvenile court's consideration of her pregnancy in its decision to decline jurisdiction violated her equal protection rights. We affirm. BACKGROUND 2 Washington charged 16-year-old Toomey with first degree felony murder and conspiracy to commit robbery. She was tried as an adult…