Eddie Lee Drapeau v. Richard A. Vernon

Good Law
19 F.3d 26·1994 WL 68262·1994 U.S. App. LEXIS 11177
United States Court of Appeals for the Ninth CircuitMarch 2, 199493-35126California1,525 words

Opinion

Opinion

19 F.3d 26 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eddie Lee DRAPEAU, Plaintiff-Appellant, v. Richard A. VERNON, et al., Defendants-Appellees. No. 93-35126. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided March 2, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Eddie Lee Drapeau, an Idaho state prisoner, appeals pro se the district court's order granting defendants' motion for summary judgment in his 42 U.S.C. Sec. 1983 action. Drapeau contends that the district court erred by granting defendants' motion for summary judgment without giving him notice of the requirements for summary judgment rulings under Fed.R.Civ.R. 56 pursuant to Klingele v. Eikenberry, 849 F.2d 409, 411-12 (9th Cir.1988). In his Sec. 1983 action, Drapeau alleged that prison officials violated his Eighth Amendment rights by (a) exercising deliberate indifference to his medical needs; (b) locking him in a cell for the mentally ill;…

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