Fierro v. Gomez

77 F.3d 301 64 USLW 2548 , 96 Cal. Daily Op. Serv. 1280 , 96 Daily Journal D.A.R. 1987 David FIERRO; Alejandro Gilbert Ruiz; and Robert Alton Harris, as individuals and on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. James GOMEZ, as an individual and in his capacity as Director, California Department of Corrections; and Arthur Calderon, as an individual, and in his capacity as Warden of San Quentin Prison, Defendants-Appellants. No. 94-16775. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1995. Decided Feb. 21, 1996. Michael Laurence, American Civil Liberties Union Foundation of Northern California, Inc., San Francisco, California, and Warren E. George, McCutchen, Doyle, Brown & Enerson, San Francisco, California, for plaintiffs-appellees. Dane R. Gillette, Deputy Attorney General, San Francisco, California, for defendants-appellants. Constance de la Vega, San Francisco, CA, for Human Rights Advocates. David Weissbrodt, Legal Counsel, Barbara Frey, Executive Director, Minneapolis, MN, for Minnesota Advocate for Human Rights. Appeal from the United States District Court for the Northern District of California;…