Davey v. Locke

299 F.3d 748 Joshua DAVEY, Plaintiff-Appellant, v. Gary LOCKE, Gov., individually and in his official capacity; Marcus S. Gaspard, individually, and in his official capacity as Executive Director of the Higher Education Coordinating Board; Bob Craves, individually, and in his official capacity as Chair of the Higher Education Coordinating Board; John Klacik, individually, and in his official capacity as Associate Director of the Higher Education Coordinating Board, Defendants-Appellees. No. 00-35962. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 2002. Filed July 18, 2002. Stuart J. Roth, The American Center for Law and Justice, Mobile, Alabama, and Kevin H. Theriot, The American Center for Law and Justice, Virginia Beach, VA, for the plaintiff-appellant. Michael J. Shinn, Assistant Attorney General, Seattle, WA, for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington; Barbara J. Rothstein, Chief District Judge, Presiding. D.C. No. CV-00-00061-BJR. Before: RYMER, McKEOWN, and GOULD, Circuit Judges. RYMER, Circuit Judge. 1 This appeal challenges Washington law that denies a statefunded "Promise…