JOHNSON v. LEWIS

Nos. 98-16821, 98-16851.

217 F.3d 726 (2000)

Dennis N. JOHNSON; Leonard Todek, individually and on behalf of all others similarly situated; Lawrence E. Cottle; John Pilafas, individually and on behalf of all others similarly situated; Robb Steir, individually and on behalf of all others similarly situated; Rodney Warner, individually and on behalf of all others similarly situated; Gary Elmore, individually and on behalf of all others similarly situated; Elias Gutierrez, Plaintiffs-Appellants, v. Samuel LEWIS, former director of the ADOC in his individual capacity; Terry Stewart, Director of the ADOC in his official and individual capacity; BILL GOTCHER, former warden of the ASP at Safford in his official and individual capacity; Glenn Davis, Deputy Warden of ASP Safford in his official and individual capacity; John Foote, Deputy Warden of the ASP Safford in his official and individual capacity; John Abbl, Captain DOC officer in his official and individual capacity; CSO Nations, CSO Marcias, CSOII Flores, SGT. Hull, DOC officers in their official and individual capacities; Blackie Hassenzeller, Lieutenant, a member of the ADOC Tactical Support Unit in his official and individual capacity; John Doe 1-10, DOC officers in their official and individual capacities; Joe Hawkins; Matthew Proto; Mark Wiley; Dennis Killa; James Bahn; Dwayne Morman; Dennis Grogg; Robert Stadler; J.C. Kenney, Defendants-Appellees. Leroy Patrick Baca; Troy Hamilton, individually and on behalf of all others similarly situated; Paul Large, individually and on behalf of all others similarly situated; Eric Baker; Larry G. Harper, individually and on behalf of all others similarly situated; Victor Lawrence Farber, Jr., Plaintiffs-Appellants, v. Terry Stewart, Director of the ADOC in his official and individual capacity; Bill Gotcher, former warden of the ASP Safford in his individual and official capacity; Frank Terry, deputy warden in charge of Tonto Unit in his official and individual capacity; CSO Ortiz, in his official and individual capacity; John Abbl, Captain in his official and individual capacity; CSO Thompson, in his official and individual capacity; Amarillus, Sergeant in his official and individual capacity; John Doe 1-10, CSOs in their official and individual capacity; CSO Thompson; Matthew Proto; Dennis Grogg; Darren McWhorter, CSOII; Armando Amarillas; Dwayne Morman, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2000.


Attorney(s) appearing for the Case

Paul Gattone, Southern Arizona People's Law Center, Tucson, Arizona, for the plaintiffs-appellants.

Bruce L. Skolnik, Assistant Attorney General, Tucson, Arizona, for the defendants-appellees.

Before: SNEED, PREGERSON, and W. FLETCHER, Circuit Judges.


Opinion by Judge W. FLETCHER; Dissent by Judge SNEED.

W. FLETCHER, Circuit Judge:

These class actions arose from two disturbances in the Arizona State Prison in Safford, Arizona: one in August 1995 and the other in December of the same year. Although the district court resolved the cases separately, we consolidate them because they are factually similar and present identical legal issues. In each case, prison officials...

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