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GERLAUGH v. STEWART

No. 95-99018.

129 F.3d 1027 (1997)

Darrick Leonard GERLAUGH, Petitioner-Appellant, v. Terry STEWART, Director of Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 4, 1997.

Attorney(s) appearing for the Case

Martin Lieberman, Tonya McMath, Phoenix, Arizona, for petitioner-appellant.

Paul McMurdie, Deputy Attorney General, Crane McClennen, Assistant Attorney General, Phoenix, Arizona, for respondent-appellee.

Before: REINHARDT, THOMPSON and TROTT, Circuit Judges.

Opinion by Judge TROTT; Partial Concurrence and Partial Dissent by Judge REINHARDT.

TROTT, Circuit Judge:

Scott Schwartz was a young man who walked with the aid of a leg brace and crutches. Shortly before midnight on January 24, 1980, he picked up hitchhikers Darrick Gerlaugh, Joseph Encinas, and James Matthew Leisure. What Mr. Schwartz did not know when he accommodated the group's request for a ride was that they...

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