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NEAL v. SHIMODA

Nos. 95-16564, 95-16790.

131 F.3d 818 (1997)

A.J. NEAL, Plaintiff-Appellant, v. Edwin SHIMODA, Administrator, Correctional Facilities; Guy Hall, Administrator, Correctional Facilities; Richard Mello, Case Manager, Halawa Correctional Facility; Barry Coyne, Administrator, Sex Offender Treatment Program, Halawa Correctional Facility; John Does 1-10; Doe Entities 1-10; State of Hawaii, Defendants-Appellees. Marshall MARTINEZ, Plaintiff-Appellant, v. Shelley NOBRIGA, H.C.F., Classification Coordinator; George Sumner, Dir., Dept. of Public Safety; Edwin Shimoda, Div. Administrator of H.C.F.; John Smythe, Administrator for H.C.F., in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1997.

Attorney(s) appearing for the Case

Jeffrey A. Kaiser, Thomas M. Peterson, Cristina Martel Greenway, Lauren M. Michals, and Daniel P. Shenkman, Brobeck, Phleger & Harrison, San Francisco, California, for plaintiffs-appellants.

Girard D. Lau, Steven S. Michaels, and Margery S. Bronster, Assistant Attorneys General, Honolulu, Hawai`i, for defendants-appellees.

Before: REINHARDT, T.G. NELSON and HAWKINS, Circuit Judges.

T.G. NELSON, Circuit Judge:

This case involves a state's attempt to classify and treat the sex offenders among its prison population in the hope of decreasing recidivism without violating the U.S. Constitution. A.J. Neal ("Neal") and Marshall Martinez ("Martinez") appeal the district court's orders granting summary judgment to the defendant prison administrators in their separate 42 U.S.C. § 1983 actions. Neal and Martinez allege that Hawaii's Sex Offender Treatment...

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