RESNICK v. HAYES

No. 98-15704.

213 F.3d 443 (2000)

Herman RESNICK, Plaintiff-Appellant, v. Warden HAYES; Lt. Ernst; Officer Myers (DHO); Counselor Aune; Officer Wade, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2000

Amended May 22, 2000


Attorney(s) appearing for the Case

Howard A. Slavitt, Coblentz, Patch, Duffy & Bass, San Francisco, California, for the plaintiff-appellant.

No appearance for the defendants-appellees.

Kathleen Moriarty Mueller and Edward R. Cohen, Attorneys, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., for the amicus curiae.

Before: GOODWIN, SCHROEDER, and GRABER, Circuit Judges.


ORDER

The opinion filed January 11, 2000 [200 F.3d 641], is amended as follows:

Slip opinion page 333, last paragraph, through the first full paragraph on page 335 [200 F.3d at 646], substitute the following:

Under Sandin, a prisoner possesses a liberty interest under the federal constitution when a change occurs in confinement that imposes an "atypical and significant hardship . . . in relation to the ordinary...

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