John L. Pascucci v. R.W. Sharn, Case Manager, Federal Prison Camp (Fpc) Sheridan, Oregon, in His Individual and Official Capacity

Good Law
17 F.3d 395·1994 WL 32645·1994 U.S. App. LEXIS 9230
United States Court of Appeals for the Ninth CircuitFebruary 1, 199493-35020California1,895 words

Opinion

Opinion

17 F.3d 395 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John L. PASCUCCI, Plaintiff-Appellant, v. R.W. SHARN, Case Manager, Federal Prison Camp (FPC) Sheridan, Oregon, in his individual and official capacity, Defendant-Appellee. No. 93-35020. United States Court of Appeals, Ninth Circuit. Submitted Dec. 23, 1993. * Decided Feb. 1, 1994. Before: CHOY, GOODWIN, and SKOPIL, Circuit Judges. MEMORANDUM ** Federal prisoner John L. Pascucci appeals pro se the district court's summary judgment in favor of Russell W. Scharn, a case manager at the Federal Prison Camp in Sheridan, Oregon. Pascucci sued Scharn in his individual and official capacities, and alleged constitutional violations and sought relief under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and 42 U.S.C. Sec. 1983 . The district court granted Scharn's motion for summary judgment because: (1) Pascucci's Sec. 1983 claim failed to state that Scharn acted under color of state…

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