BROWNING v. VERNON

No. 94-35136.

44 F.3d 818 (1995)

Lawny Lamar BROWNING, Plaintiff-Appellee, v. Richard A. VERNON, Director; Ron McKinsey, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 10, 1995.


Attorney(s) appearing for the Case

Timothy D. Wilson, Deputy Atty. Gen., and Robert R. Gates, Special Deputy Atty. Gen., State of Idaho, Boise, ID, for defendants-appellants.

Stephen L. Pevar, American Civil Liberties Union, Denver, CO, for plaintiff-appellee.

Before BEEZER and FERNANDEZ, Circuit Judges, and ORRICK, District Judge.


BEEZER, Circuit Judge:

Defendants, Richard Vernon and Ron McKinsey, appeal the district court's denial of their motions for summary judgment. Plaintiffs, a class of inmates in the North Idaho Correctional Institution, filed this action alleging due process violations in the administration of Idaho's retained jurisdiction program. Vernon and McKinsey contend that they are entitled to qualified immunity from damages because the allegations in the complaint do not constitute...

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