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Capps v. Atiyeh

United States Court of Appeals, Ninth Circuit
Aug 3, 1981
652 F.2d 823 (9th Cir. 1981)
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Summary

granting stay of district court order pending decision of Rhodes

Summary of this case from Union County Jail Inmates v. Di Buono
See 3 Summaries

Opinion

No. 80-3404.

Argued May 7, 1981. Submitted August 3, 1981.

Decided August 3, 1981.

Dave Fromnmayer, Atty. Gen., Salem, Or., for defendants-appellants.

Roy Haber, Eugene, Or., Robert A. Stalker, Jr., Salem, Or. (argued), for plaintiffs-respondents.

Appeal from the United States District Court for the District of Oregon; James M. Burns, Chief Judge.

Before KENNEDY and ALARCON, Circuit Judges, and COPPLE, District Judge.

Honorable William P. Copple, United States District Judge for the District of Arizona, sitting by designation.

PER CURIAM:

The case is ordered submitted. The district court's judgment is vacated. See Capps v. Atiyeh, 495 F. Supp. 802 (D.Ore. 1980), stayed, Atiyeh v. Capps, 449 U.S. 1312, 101 S.Ct. 829, 66 L.Ed.2d 785 (Rehnquist, Circuit Justice, 1981). The case is remanded for further consideration and specific findings in light of Rhodes v. Chapman, ___ U.S. ___, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981) and Wright v. Rushen, 642 F.2d 1129 (9th Cir. 1981).

Appellants' motion to submit supplemental briefs is denied.

JUDGMENT VACATED and CASE REMANDED.

Summaries of

Capps v. Atiyeh

United States Court of Appeals, Ninth Circuit
Aug 3, 1981
652 F.2d 823 (9th Cir. 1981)

granting stay of district court order pending decision of Rhodes

Summary of this case from Union County Jail Inmates v. Di Buono

nothing in Eighth Amendment requires inmates be housed in manner that avoids confrontation

Summary of this case from Evans v. Cal. Dep't of Corr.

In Atiyeh v. Capps, 449 U.S. 1312, 1314, 101 S.Ct. 829, 830, 66 L.Ed.2d 785 (1981), the Supreme Court noted that "rehabilitation" is not the only Constitutionally sanctioned policy behind punishment. Indeed, in the context of capital punishment, punishment based upon the "retributive theory" of justice is Constitutionally permissible.

Summary of this case from Wilkerson v. State
Case details for

Capps v. Atiyeh

Case Details

Full title:TOM CAPPS, ET AL., PLAINTIFFS-RESPONDENTS, v. VICTOR ATIYEH, GOVERNOR OF…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 3, 1981

Citations

652 F.2d 823 (9th Cir. 1981)

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