Baca v. Campbell

U.S. Court of Appeals for the Ninth Circuit December 20, 1982

Baca v. Campbell, 695 F.2d 352 (9th Cir. 1982)

Enny, Kilk, Kilkenny, Reinhardt, Skelton

Concurring Opinion

KILKENNY, Circuit Judge, specially

concurring:

I would hold that the remand should be limited to the precise question of whether the post-judgment motion unfairly surprised or prejudiced the appellees. White v. New Hampshire Department of Employment, 455 U.S. 445, at page 454, 102 S.Ct. 1162, at pages 1167-1168. In passing on the question, the district court might, if it deems it advisable, conduct further proceedings to supplement the record.

Reference

Full Case Name: Lilyan BACA, Francisca Mariscal, Sharon Robertson, Loron Stowers, Seab Lee, Michael Saldana, by and through Rosario Saldana, his mother and next friend v. George CAMPBELL, Robert Corbin, Ed Pastor, Henry H. Haws and Hawley Atkinson, individually and as members of the Board of Supervisors of Maricopa County, Arizona Joseph Prekup, Assistant County Manager for Health Services of Maricopa County, Arizona
Status: Published