United States Ninth Circuit

A prisoner raised a genuine issue of material fact in a 42 U.S.C. section 1983 equal protection claim, as to whether a prison officer's decision to deny a requested witness testimony during a disciplinary hearing was racially motivated.

Appellate Information

• Argued 08/07/2003
• Decided 09/26/2003
• Published 09/26/2003

Judges

• Before: ALDISERT,TALLMAN, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David E. Azar (argued), Los Angeles, CA, for the plaintiff-appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California (on brief), Robert R. Anderson, Chief Assistant Attorney General (on brief), Paul D. Gifford, Senior Assistant Attorney General (on brief), Barbara Spiegel, Supervising Deputy Attorney General (on brief), and John F. Bazan, Deputy Attorney General (argued), Los Angeles, CA, for the defendant-appellee.