John Witherow v. Robert Garcia Charles L. Wolff, Jr. Sherman Hatcher, All in Individual and Official Capacities

Good Law
45 F.3d 438·1994 WL 718936·1994 U.S. App. LEXIS 40353
United States Court of Appeals for the Ninth CircuitDecember 27, 199494-15689California1,149 words

Opinion

Opinion

45 F.3d 438 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 WITHEROW, Plaintiff-Appellant, v. Robert GARCIA; Charles L. Wolff, Jr.; Sherman Hatcher, All in individual and official capacities, Defendants-Appellees. No. 94-15689. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1994. * Decided Dec. 27, 1994. Before: SNEED, D.W. NELSON, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 John Witherow, an Arizona state prisoner, appeals the district court's order dismissing his 42 U.S.C. Sec. 1983 complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6). Witherow contends that the district court erred by finding that prison officials reasonably restricted him from providing legal assistance to inmates confined in administrative segregation. Witherow also contends that the district court erred by finding that prison officials had not retaliated against him for assisting other inmates with their legal matters. We have jurisdiction pursuant to 28 U.S.C.…

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