U.S. Court of Appeals for the Ninth Circuit, 1997

Norman Gotcher, Jr. v. Tana Wood

Norman Gotcher, Jr. v. Tana Wood
U.S. Court of Appeals for the Ninth Circuit · Decided September 11, 1997 · Beezer, Hawkins, Tevrizian
122 F.3d 39; 97 Daily Journal DAR 11821; 97 Cal. Daily Op. Serv. 7330; 1997 U.S. App. LEXIS 23813; 1997 WL 561542 (Federal Reporter, Third Series)

Counsel

John Midgley and David C. Fathi, Columbia Legal Services, Seattle, Washington, for Plaintiff-Appellant., Talis M. Abolins, Assistant Attorney General, Criminal Justice Division, Olympia, Washington, for Defendants-Appellees.

Norman Gotcher, Jr. v. Tana Wood

Cases that cite this one

3 later published cases cite this decision.

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Opinion

The Court has reconsidered its holding in Gotcher v. Wood, 66 F.3d 1097 (9th Cir. 1995), in light of Edwards v. Balisok, — U.S. -, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997). We agree with Wood that Edwards forecloses Gotcher’s entire compensatory claim under 42 U.S.C. § 1983. Because we do not reach the issue of whether Gotcher has a protectable liberty interest in receiving good-time credits or remaining free of disciplinary segregation, we deny Gotcher’s request to republish parts of our earlier decision. The district court’s dismissal of Gotcher’s claim is

AFFIRMED.

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