Summary
reversing without discussion a pre-Balisok opinion where the plaintiff claimed he was not given notice of the hearing or permitted to call witnesses or present evidence; the court concluded that Balisok foreclosed the plaintiff's entire claim although he challenged both the loss of good time credits and disciplinary segregation
Summary of this case from Gritts v. MartinezOpinion
No. 94-35484
Filed September 11, 1997
John Midgley and David C. Fathi, Columbia Legal Services, Seattle, Washington, for the plaintiff-appellant.
Talis M. Abolins, Assistant Attorney General, Criminal Justice Division, Olympia, Washington, for the defendants-appellees.
On Remand from the United States Supreme Court.
D.C. No. CV-93-00120-FVS.
ORDER
The Court has reconsidered its holding in Gotcher v. Wood, 66 F.3d 1097 (9th Cir. 1995), in light of Edwards v. Balisok, 65 U.S.L.W. 4359 (May 19, 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.