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GOSSETT v. CZECH

No. 06-16973.

581 F.3d 891 (2009)

Paul GOSSETT, Plaintiff-Appellant, v. Al CZECH, Trust Officer, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 2009.

Attorney(s) appearing for the Case

Paul Gossett, pro se plaintiff-appellant.

Charles C. Lifland, Jeremy Maltby, and A. Patricia Klemic, O'Melveny & Myers LLP, Los Angeles, CA, amicus curiae in support of plaintiff-appellant Paul Gossett.

Tanya L. Jackson, UCLA School of Law Ninth Circuit Clinic, Los Angeles, CA, amicus curiae in support of plaintiff-appellant Paul Gossett.

Edmund G. Brown, Jr., Attorney General of the State of California, and Harry T. Gower, Deputy Attorney General, San Francisco, CA, for the defendant-appellee Al Czech.

Before: WILLIAM A. FLETCHER, RICHARD R. CLIFTON and MILAN D. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

Paul Gossett (Gossett), a committed inmate at Napa State Hospital (the Hospital), appeals from the district court's summary judgment order in his 42 U.S.C. § 1983 action alleging that Al Czech (Czech), the Trust Officer of the Hospital, unlawfully took a portion of his Department of Veterans Affairs (VA) benefits each month and applied the money to partially defray the cost of Gossett's care at the Hospital. Gossett claims...

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