96 Cal. Daily Op. Serv. 1656, 96 Daily Journal D.A.R. 2810 Terry F. Newell v. Frank Sauser Lou Easter Sharon Starr, Sgt., Disciplinary Committee Chairperson Tom Reimer, Sgt. Robert Hartzler, Officer of the Spring Creek Correctional Center in Their Individual and Official Capacities

79 F.3d 115 96 Cal. Daily Op. Serv. 1656 , 96 Daily Journal D.A.R. 2810 Terry F. NEWELL, Plaintiff-Appellee, v. Frank SAUSER; Lou Easter; Sharon Starr, Sgt., Disciplinary Committee Chairperson; Tom Reimer, Sgt.; Robert Hartzler, Officer of the Spring Creek Correctional Center; in their individual and official capacities, Defendants-Appellants. No. 94-35243. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 12, 1995. Decided March 11, 1996. John K. Bodick, Assistant Attorney General, Anchorage, Alaska, for defendants-appellants. Susan Orlansky, Young, Sanders & Feldman, Anchorage, Alaska, for plaintiff-appellee. Appeal from the United States District Court for the District of Alaska, John W. Sedwick, District Judge, Presiding. Before: EUGENE A. WRIGHT, Senior Circuit Judge, POOLE and WIGGINS, Circuit Judges. EUGENE A. WRIGHT, Senior Circuit Judge: 1 Newell is an inmate in an Alaska state correctional center. He sued prison officials, alleging that they violated his civil rights by confiscating legal materials from his cell. The district court ruled that the officials were not entitled to assert a qualified immunity defense. They filed an interlocutory…