Roy L. Rogers v. Larry Bearley

103 F.3d 140 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Roy L. ROGERS, Plaintiff-Appellee, v. Larry BEARLEY, Defendant-Appellant. No. 95-36093. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1996. * Decided Dec. 10, 1996. Before: WRIGHT, BRUNETTI and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 We are asked to decide whether a prison disciplinary officer may rely on personal knowledge of a general nature in adjudicating an inmate infraction. Because we find that such reliance does not violate clear law, the defendant hearing officer is entitled to qualified immunity and we need not reach the merits. 3 A prison hobby officer suspected inmate Roy Rogers of possessing horse hair items made by other prisoners, in violation of prison policy. Defendant Larry Bearley presided at Rogers's disciplinary hearing. He considered the physical evidence, the hobby officer's report, and Rogers's statement, as well as his personal knowledge of horse hair…