No. 3:05-CV-3CR-RAM.

402 F.Supp.2d 1188 (2005)

Donald York EVANS and John Witherow, Plaintiffs, v. Lenard VARE, Rosemary Seals, Kelly Balenger, and Does 1-X, Defendants.

United States District Court, D. Nevada.

November 18, 2005.

Attorney(s) appearing for the Case

Donald Evans and John Witherow: Robert R. Hager, Hager & Hearne, Reno, NV, for Plaintiffs.

Lenard Vare, Rosemary Seals, Kelly Balenger: Daniel Wong , Nevada Attorney General's Office, Carson City, NV, for Defendants.


REED, District Judge.

I. Procedural Background

On June 2, 2005, Plaintiffs Donald York Evans and John Witherow ("Plaintiffs") filed a Complaint (# 2) alleging violations of their First and Fourteenth Amendment rights by Defendant Prison Officials Lenard Vare, Rosemary Seals, and Kelly Balenger ("Defendants"). On June 15, 2005, Plaintiffs filed a First Amended Complaint (#...

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