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GRANT v. JOHNSON

Nos. 91-35572, 91-35616.

15 F.3d 146 (1994)

Virginia Marie GRANT, Plaintiff-Appellee, v. Lee JOHNSON, Multnomah County Circuit Court Judge, in his official capacity, Defendant-Appellant. Virginia Marie GRANT, Plaintiff-Appellant, v. Lee JOHNSON, Multnomah County Circuit Court Judge, in his official capacity, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1994.

Attorney(s) appearing for the Case

Robert C. Joondeph, Oregon Advocacy Center, Portland, OR, for plaintiff-appellee-appellant Grant.

Rives Kistler, Asst. Atty. Gen., Salem, OR, for defendant-appellant-appellee Johnson.

Before: BROWNING, SCHROEDER, and HALL, Circuit Judges.

SCHROEDER, Circuit Judge:

The appellant, Virginia Marie Grant, successfully sued a state court judge, appellee and cross-appellant Lee Johnson, in federal district court, and obtained declaratory relief under 42 U.S.C. § 1983. The district court declared unconstitutional provisions of Oregon's then existing statutory provisions for the appointment of a temporary guardian for a person deemed to be mentally incompetent. The district court entered the declaration...

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