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RESNICK v. HAYES

No. 98-15704.

200 F.3d 641 (2000)

Herman RESNICK, Plaintiff-Appellant, v. Warden HAYES; Lt. Ernst; Officer Myers (DHO); Counselor Aune; Officer Wade, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2000.

Attorney(s) appearing for the Case

Howard A. Slavitt, Coblentz, Patch, Duffy & Bass, San Francisco, California, for the plaintiff-appellant.

No appearance for the defendants-appellees.

Kathleen Moriarty Mueller and Edward R. Cohen, Attorneys, Appellate Staff, Civil Division, Department of Justice. Washington, DC, for the amicus curiae.

Before: GOODWIN, SCHROEDER, and GRABER, Circuit Judges.

GRABER, Circuit Judge:

At all times relevant to this appeal, plaintiff Herman Resnick was a federal prisoner. Defendants are the warden (Hayes) and four correctional officers (Ernst, Myers, Aune, and Wade) who work at a prison in which Plaintiff was incarcerated. Plaintiff filed a complaint in federal district court, claiming that Defendants had violated his constitutional rights when they confined him in the prison's Special Housing Unit (SHU) pending a disciplinary...

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