Richard Lauranzano v. D. Umfleet, S. Hubbard, and D.L. Arcamone

Good Law
42 F.3d 1400·1994 WL 658982·1994 U.S. App. LEXIS 39482
United States Court of Appeals for the Ninth CircuitNovember 22, 199494-15745California1,126 words

Opinion

Opinion

42 F.3d 1400 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard LAURANZANO, Plaintiff-Appellee, v. D. UMFLEET, Defendant, S. Hubbard, Defendant-Appellant, and D.L. Arcamone, Defendant-Appellant. No. 94-15745. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1994. * Decided Nov. 22, 1994. Before: FARRIS, BOOCHEVER, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiff/Appellee Richard Lauranzano (Lauranzano) brought the current action under 42 U.S.C. Sec. 1983 , alleging that correctional officers violated his federal civil rights. Defendants/Appellants S. Hubbard and D.L. Arcamone (the officials), moved for summary judgment claiming that qualified immunity protected them from suit. 3 The district court denied the motion. The district court decided that genuine issues of material fact existed. Also, the district court stated that Federal Rule of Civil Procedure 56(f) allowed it to deny summary judgment when essential facts remained to be…

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