ARMSTRONG v. DAVIS

No. 01-15779.

318 F.3d 965 (2003)

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; Joseph Sandoval; James Gomez, Director Dept Corrections; Kyle McKinsey; Kevin Carruth; Marisela Montes, Deputy Director of the Parole and Community Services Division, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed February 10, 2003.


Attorney(s) appearing for the Case

Jessica N. Blonien and G. Michael German, Deputy Attorneys General of the State of California, San Francisco, CA, for the defendants-appellants.

Andrea G. Asaro and Michael Bien, Rosen, Bien & Asaro, LLP, for the plaintiffs-appellees.

Before: REINHARDT, TASHIMA and BERZON, Circuit Judges.


REINHARDT, Circuit Judge:

Defendants, state officials responsible for the operation of the California Department of Corrections ("CDC") and the California Board of Prison Terms ("BPT"), appeal an award of attorney's fees to Plaintiffs, a class of present and future California state prisoners and parolees with disabilities, who prevailed in their action under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101...

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