BURNSWORTH v. GUNDERSON

No. 97-16599.

179 F.3d 771 (1999)

Harry Edward BURNSWORTH, Plaintiff-Appellee, v. Greg GUNDERSON; Dan Vanelli; Lt. Ballard; Anne Reeder; Paul Clark; Merry Lutz; Thomas Lyerla, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 1999.


Attorney(s) appearing for the Case

Wanda E. Hofmann, Assistant Attorney General, Tucson, Arizona, for the defendants-appellants.

Harry Edward Burnsworth, Florence, Arizona, pro se, for the plaintiff-appellee.

Before: LAY, PREGERSON, and HAWKINS, Circuit Judges.


PREGERSON, Circuit Judge:

Defendants are officials of the Arizona Department of Corrections (ADOC). They appeal the district court's order that an escape conviction be expunged from Plaintiff Harry Edward Burnsworth's prison records. The district court ordered defendants to expunge plaintiff's record because it found the escape conviction to be based on no evidence whatsoever. Defendants argue that the district court erred by ordering them to expunge a disciplinary...

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