Whitbeck v. Lewis

52 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert W. WHITBECK, Jr., Plaintiff-Appellant, v. Samuel LEWIS, Individually and in his official capacity as Director of Arizona Department of Corrections; Roger Crist, Individually and in his official capacity as Warden of Florence Complex; James McFadden, Individually and in his official capacity as Deputy Warden, et al., Defendants-Appellees. No. 94-16882. United States Court of Appeals, Ninth Circuit. Submitted April 4, 1995. * Decided April 7, 1995. IN PART, VACATED IN PART, REMANDED. Before: BROWNING, SNEED, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Arizona state prisoner Robert Whitbeck Jr. appeals pro se the district court's summary judgment for defendant prison officials in Whitbeck's 42 U.S.C. Sec. 1983 action. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm in part, vacate in part, and remand. 3 Whitbeck brought this action against several Arizona Department of Correction…