Virginia Marie Grant v. Lee Johnson, Multnomah County Circuit Court Judge, in His Official Capacity, Virginia Marie Grant v. Lee Johnson, Multnomah County Circuit Court Judge, in His Official Capacity

15 F.3d 146 Virginia Marie GRANT, Plaintiff-Appellee, v. Lee JOHNSON, Multnomah County Circuit Court Judge, in his official capacity, Defendant-Appellant. Virginia Marie GRANT, Plaintiff-Appellant, v. Lee JOHNSON, Multnomah County Circuit Court Judge, in his official capacity, Defendant-Appellee. Nos. 91-35572, 91-35616. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 1, 1993. Decided Jan. 28, 1994. Robert C. Joondeph, Oregon Advocacy Center, Portland, OR, for plaintiff-appellee-appellant Grant. Rives Kistler, Asst. Atty. Gen., Salem, OR, for defendant-appellant-appellee Johnson. Appeal from the United States District Court for the District of Oregon. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. SCHROEDER, Circuit Judge: 1 The appellant, Virginia Marie Grant, successfully sued a state court judge, appellee and cross-appellant Lee Johnson, in federal district court, and obtained declaratory relief under 42 U.S.C. Sec. 1983 . The district court declared unconstitutional provisions of Oregon's then existing statutory provisions for the appointment of a temporary guardian for a person deemed to be mentally incompetent. The district court entered the…