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HOUGHTON v. SOUTH

No. 91-35124.

965 F.2d 1532 (1992)

Henderson Duval HOUGHTON, Plaintiff-Appellant, v. Carroll V. SOUTH, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 11, 1992.

Attorney(s) appearing for the Case

Allen Smith, Jr., Warm Springs, Mont., for plaintiff-appellant.

Allen B. Chronister, Chronister, Driscoll & Moreen, Helena, Mont., for defendant-appellee.

Before WALLACE, Chief Judge, HUG and RYMER, Circuit Judges.

WALLACE, Chief Judge:

Houghton appeals from the district court's summary judgment entered in favor of South, Director of the Montana Department of Institutions. The district court exercised jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We reverse and remand.

I

In 1980, Houghton was charged in Montana state court with the crime of deviant sexual conduct....

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