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122 F.3d 39

Docket No. 94-35484.

Gotcher v. Wood

Ninth Circuit Court of Appeals

Decided Sept. 11, 1997.

Ninth Circuit Court of Appeals · decided 1997-09-11

Cited by 2 later decisions — most recently June 2003

2 federal appellate ·

2 counsel of record

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Edwards v. Balisok · Gotcher v. Wood · Rand v. Rowland

Good law ✅— No negative treatment on recordhow we know

Decided 1997-09-11

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¶1John Midgley and David C. Fathi, Columbia Legal Services, Seattle, Washington, for Plaintiff-Appellant.

¶2Talis M. Abolins, Assistant Attorney General, Criminal Justice Division, Olympia, Washington, for Defendants-Appellees.

¶3On Remand from the United States Supreme Court. D.C. No. CV-93-00120-FVS.

¶4Before: BEEZER and HAWKINS, Circuit Judges, and TEVRIZIAN,* District Judge.

¶6The Court has reconsidered its holding in Gotcher v. Wood, 66 F.3d 1097 (9th Cir.1995), in light of Edwards v. Balisok, — U.S. -, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997). We agree with Wood that Edwards forecloses Gotcher’s entire compensatory claim under 42 U.S.C. § 1983. Because we do not reach the issue of whether Gotcher has a protectable liberty interest in receiving good-time credits or remaining free of disciplinary segregation, we deny Gotcher’s request to republish parts of our earlier decision. The district court’s dismissal of Gotcher’s claim is

¶7AFFIRMED.

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