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ALLEN v. TOOMBS

No. 86-3805.

827 F.2d 563 (1987)

Earl ALLEN; Donald Barkley, Plaintiffs-Appellants, v. Thomas G. TOOMBS, individually and in his official capacity as Administrator of the Corrections Division of the State of Oregon; J.C. Keeney, individually and in his official capacity as Superintendent of Oregon State Penitentiary, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1987.

Attorney(s) appearing for the Case

Allen Hart and Rick T. Haselton, Portland, Or., for plaintiffs-appellants.

Philip Schradle, Asst. Atty. Gen., Salem, Or., for defendants-appellees.

Before GOODWIN and FERGUSON, Circuit Judges, and STEPHENS, Jr., District Judge.

FERGUSON, Circuit Judge:

Plaintiffs/appellants Carl Allen and Donald Barkley ("plaintiffs") appeal from the district court's grant of the defendants' motion for summary judgment on their claim for declaratory and injunctive relief under 42 U.S.C. § 1983. The plaintiffs' claim, alleging violations of the First and Fourteenth Amendments, arose from prison policies regarding the participation of inmates of the Disciplinary...

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