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JOHNSTON v. KOPPES

No. 87-2980.

850 F.2d 594 (1988)

Joyce C. JOHNSTON, Plaintiff-Appellee, v. Richard KOPPES; Robert Tousignant, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1988.

Attorney(s) appearing for the Case

Dennis Eckhart, Deputy Atty. Gen., Sacramento, Cal., for defendants-appellants.

Loren McMaster, Sacramento, Cal., for plaintiff-appellee.

Before KOELSCH, NOONAN, and O'SCANNLAIN, Circuit Judges.

NOONAN, Circuit Judge:

Joyce C. Johnston brought suit under 42 U.S.C. § 1983 against Richard Koppes and Robert Tousignant, officials in the Department of Health Services of the State of California. Each side moved for summary judgment. Both motions were denied. Koppes and Tousignant appeal from the denial of their motion. The case involves the sensitive issue of the right of a government lawyer to exercise her constitutional rights outside the context of her...

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