Summary
granting stay of district court order pending decision of Rhodes
Summary of this case from Union County Jail Inmates v. Di BuonoOpinion
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.
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.