Duffy

Duffy v. Riveland

Good Law
98 F.3d 447·1996 WL 583384
United States Court of Appeals for the Ninth CircuitOctober 11, 1996Nos. 94-35191, 94-35444California5,888 words

Opinion

Lead Opinion

Poole, J.

I. OVERVIEW

Appellant Sean Duffy, a deaf Washington state prisoner, appeals two separate district courts’ grants of summary judgment in favor of various state prison officials (collectively *450 “the Appellees”) and the dismissal of his actions brought under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (“ADA”); the Rehabilitation Act of 1973, 29 U.S.C. § 794 (“RA”); the Civil Rights Act, 42 U.S.C. § 1983 (“§ 1983”); and Revised Code of Washington Chapters 2.42.120(1), (2), and (4) (“ROW”).

Duffy filed suits after the denial of his request for a certified interpreter for the deaf at a prison disciplinary proceeding and two separate classification hearings. His appeal regarding the claim arising out of the disciplinary hearing (94-35191) and his appeal regarding the claim arising out of the classification hearings (94-35444) have been consolidated in this action. We affirm in part, and reverse in part.

II. BACKGROUND

The facts of this case are relatively straightforward and undisputed. Sean Duffy is a hearing-impaired inmate at the Washington State Reformatory (WSR) in Monroe, Washington. He has been incarcerated since 1983. Although Duffy is…

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