green
Positive treatment
2.2 score
Top citers, strongest first. 2 distinct citers.
How cited ↗
discussed
Cited as authority (rule)
Barone v. Hatcher
On remand, the Ninth Circuit’s holding was both clear and directly on point: “\Balisok1 forecloses Gotcher’s entire compensatory claim under 42 U.S.C. § 1983 [and] we [therefore] do not reach the issue of whether Gotcher has a protectable liberty interest in ... remaining free of disciplinary segregation.” Gotcher v. Wood, 122 F.3d 39, 39 (9th Cir.1997).
discussed
Cited "see"
Thomas H. Longnecker v. Yvonne A. Walters, Commissioner of the Board of Prison Terms Board of Prison Terms
See Edwards, 117 S.Ct. at 1587-88 , Gotcher v. Wood, 122 F.3d 39, 39 (9th Cir.1997). 4 Therefore, the district court properly dismissed Longnecker's complaint pursuant to Fed.R.Civ.P. 12(b)(6). 5 DISMISSED. ** The panel unanimously finds this case suitable for decision without oral argument.
Retrieving the full opinion text from the archive…
Norman GOTCHER, Jr., Plaintiff-Appellant,
v.
Tana WOOD, Et Al., Defendants-Appellees
v.
Tana WOOD, Et Al., Defendants-Appellees
94-35484.
Court of Appeals for the Ninth Circuit.
Sep 11, 1997.
John Midgley and David C. Fathi, Columbia Legal Services, Seattle, Washington, for Plaintiff-Appellant., Talis M. Abolins, Assistant Attorney General, Criminal Justice Division, Olympia, Washington, for Defendants-Appellees.
Beezer, Hawkins, Tevrizian.
Cited by 4 opinions | Published
The 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
AFFIRMED.