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BRUCE v. YLST

No. 01-17527.

351 F.3d 1283 (2003)

Vincent C. BRUCE, Plaintiff-Appellant, v. Eddie YLST; G.E. Harris; P.H. Carrillo; P.E. Tingey; A. Godfrey; D. Marriott, Correctional Counselor; M. Coziahr, Lieutenant; L. Washington, Jr., Correctional Officer; Robert Ayers, Jr., Warden; J. McGrath; T. Schwartz, Associate Warden; D. Smith, Captain; B.J. O'Neill, Captain; Raul J. Dillard, Captain; Gary H. Wise, Lieutenant; M. Piland; G.M. Ater; K. Burns; M. Johnston; S.C. Wohlwend; Terhune; Padilla, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2003.

Attorney(s) appearing for the Case

Kelly A. Woodruff, Farella Braun & Martel LLP, San Francisco, California, CA, for the plaintiff-appellant.

Anya M. Binsacca, Attorney General's Office, San Francisco, California, CA, for the defendants-appellees.

Before: David R. THOMPSON, Stephen S. TROTT, Circuit Judges, and Charles R. WEINER, Senior District Judge.

Argued and Submitted November 5, 2003 — San Francisco, California.

OPINION

TROTT, Circuit Judge:

I

Vincent C. Bruce appeals the district court's entry of summary judgment in favor of defendant prison officials in his 42 U.S.C. § 1983 action. He argues that his submission to the court raised genuine issues of material fact with respect to his claims that when prison officials validated him as a prison gang affiliate, they did...

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