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ARMSTRONG v. DAVIS

No. 00-15132.

275 F.3d 849 (2001)

John ARMSTRONG; James Amauric; Richard Ponciano; Jack Swensen; Billy Beck; Judy Fendt; Walter Fratus; Gregory Sandoval; Darlene Madison; Peter A. Richardson; Steven Hill; David Rose; David Blessing; Elio Castro; Elmer Umbenhower; Raymond Hayes; Gene Horrocks; Kiah Mincey; Clifton Feathers; Willie Johnson; David Badillo; James Simmons; Flora Abrams; Joey Gough; Timothy Whisman, Plaintiffs-Appellees, v. Gray DAVIS, Governor of the State of California; Robert Presley, Secretary of the Youth and Adult Correctional Agency; James Nielsen, Chairman of the Board of Prison Terms; California Board of Prison Terms, Does 1-100, in Their Individual and Official Capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed November 28, 2001.

Attorney(s) appearing for the Case

James M. Humes, California Deputy Attorney General, San Francisco, California, for the defendants-appellants.

Donald H. Specter, San Quentin, California; Michael W. Bien, San Francisco, California; Warren E. George, San Francisco, California; Sara Norman, Prison Law Office, San Quentin, California; Caroline N. Mitchell, Pillsbury Winthrop, San Francisco, California; and William Fernholtz, Rosen, Bien & Asaro, San Francisco, California; for the plaintiffs-appellees.

Before: REINHARDT, TASHIMA, and BERZON, Circuit Judges.

Opinion by Judge REINHARDT; Concurrence by Judge BERZON

REINHARDT, Circuit Judge:

The facts established at trial, and not disputed on appeal, demonstrate that the State of California regularly discriminated against disabled prisoners and parolees during its parole and parole revocation hearing processes. The district court found that the California Board of Prison Terms (the state parole authority) failed to make proper accommodations for numerous disabled...

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