Eugene Hamilton v. D. Fragoso

66 F.3d 335 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eugene HAMILTON, Plaintiff-Appellant, v. D. FRAGOSO, et al., Defendants-Appellees. No. 94-15281. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Sept. 12, 1995. Before: SNEED, KOZINSKI and NOONAN, Circuit Judges. 1 AMENDED MEMORANDUM ** 2 Plaintiff has not shown that it was clearly established at the time of his disciplinary hearing before Lt. Hopkins that a prison official in her position--one who had administratively classified the offense--could not preside at such a hearing. It was not unreasonable for Hopkins to have relied upon the Department of Corrections' Administrative Bulletin of November 2, 1987, the express provisions of which permitted an official to preside at a hearing when she had "initial[ly] classifie[d] ... [the] rules violation report" or "perform[ed] a supervisory review ... for compliance with Department policy and procedures." 3 Plaintiff does not contest…