Arthur N. Aiken v. Cheryl Ray

82 F.3d 422 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Arthur N. AIKEN, Plaintiff-Appellant, v. Cheryl RAY, Defendant-Appellee. No. 94-35331. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 8, 1996. Decided April 11, 1996. 1 Before: HALL and TROTT, Circuit Judges and RAFEEDIE, * District Judge. 2 MEMORANDUM ** 3 Appellee Cheryl Ray owns Earth Ray, a private enterprise which operates in the Washington State Penitentiary at Walla Walla under the auspices of a state program to train and employ inmates, defray the costs of incarceration, and compensate victims of crime. See Wash.Rev.Code § 72.09.100. Appellant Arthur Aiken is a prison inmate who worked for Ray on Earth Ray's first crew when the company began operations in the summer of 1990. When Ray declined to rehire Aiken after a period of layoffs, Aiken brought suit under 42 U.S.C. § 1983 alleging racial discrimination in violation of the Fourteenth Amendment. The district court…