GOMEZ v. VERNON

No. 99-35930.

255 F.3d 1118 (2001)

Noel Puente GOMEZ; Lee Mazur Hays; Bob Jones; Alfredo Roman; Patrick Hall; Marq Bartlett; Gregory Joseph Nelson, Plaintiffs-Appellees, v. Richard A. VERNON, Director, Idaho Department Of Corrections; Dave Paskett, Warden, Idaho State Correctional Institution; James C. Spalding, Director, IDOC; Joe Klauser, Warden, ISCI; Defendants-Appellants, Alan Lee Brandt, Defendant-Intervenor-Appellant, v. Eugene Starr; Richard Carl; Bobby Rowell; Alfredo Esparza, Plaintiffs-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 10, 2001.


Attorney(s) appearing for the Case

Timothy D. Wilson, Office of Attorney General, State of Idaho, Boise, Idaho for the defendants-appellants.

Stephen L. Pevar (argued), American Civil Liberties Union, Denver, Colorado; Margaret Winter, Donna H. Lee, and Eric Balaban, National Prison Project of the ACLU Foundation Inc., Washington, D.C.; Howard Belodoff, Boise, Idaho, for the plaintiffs-appellees.

Before: M. Margaret McKeown, Kim McLane Wardlaw, and Ronald M. Gould, Circuit Judges.


McKEOWN, Circuit Judge:

This case exemplifies antagonism toward prisoner litigation at the cost of constitutional rights and legal ethics. While all may be fair in war,1 such is not the case in the judicial arena—the courtroom is not a battlefield. After a nineteen-day trial, the district court, Magistrate Judge Boyle presiding, found that the Idaho Department of Corrections, two of its penal institutions, and several officials...

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