Allen

Allen v. Sakai

Good Law
48 F.3d 1082·1994 WL 762642
United States Court of Appeals for the Ninth CircuitNovember 15, 1994No. 93-16780California4,622 words

Opinion

Lead Opinion

Fletcher, J.

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND REJECTING EN BANC SUGGESTION

The opinion filed November 15, 1994 [ 40 F.3d 1001 ] is amended as follows:

Slip op. at 13860 [p. 1004]: Insert before first full paragraph (The last sentence of insert is first sentence of first full paragraph):

Slip op. at 13861-62 [p. 1004]: Replace first full paragraph on page 13861 [p. 1004] and following paragraph that spans pages 13861-62, including footnote 5 [p. 1004], with:

Slip op. at 13865-66 [pp. 1006-07]: Replace the second [third] full paragraph on page 13865 [p. 1006] and the first two para *1085 graphs on page 13866 [third & fourth paragraphs on p. 1006 and continued to p. 1007], and footnotes 10-12 with:

With these revisions, the petition for rehearing is denied.

The full court has been advised of the suggestion for rehearing en banc and no judge of the court has requested a vote on it. Fed.R.App.P. 35(b).

The petition for rehearing is denied and the suggestion for rehearing en banc is rejected.

OPINION

Hawaii state prison officials, defendants in a 42 U.S.C. § 1983 suit, appeal the denial of summary judgment on their claim of qualified immunity. We…

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