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ALLEN v. SAKAI

No. 93-16780.

48 F.3d 1082 (1994)

John ALLEN; Terry Smith, Plaintiffs-Appellees, v. Ted SAKAI; Harold Falk; John Cabral; Clayton Frank; Adele Fujita; Leonard Gonsalves; Leiann Kaimikaua; Gary Kaplan; Gerald Mendiola; Cinda Sandin; Francis Sequiera; Laurence Shohet; William Oku; Malcolm Lee; Terrence Allen; and Ray Suenaga, in their official and individual capacities, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 15, 1994.

Amended Opinion March 1, 1995.

Attorney(s) appearing for the Case

Steven S. Michaels, Glenn S. Grayson, Deputy Atty. Gen.; Honolulu, Hawai'i, for defendants-appellants.

John L. Hill, Charles Schurter, Margaret Kivinski, Student Interns, Western State University Legal Clinic, Irvine, CA, for plaintiffs-appellees.

Before: FLETCHER, and FERNANDEZ, Circuit Judges, and SEDWICK, District Judge.

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND REJECTING EN BANC SUGGESTION

The opinion filed November 15, 1994 [40 F.3d 1001] is amended as follows:

Slip op. at 13860 [p. 1004]: Insert before first full paragraph (The last sentence of insert is first sentence of first full paragraph):

An Eighth Amendment claim that a prison official has deprived inmates of humane conditions of confinement...

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