Baca v. Campbell

695 F.2d 352

Lilyan BACA, Francisca Mariscal, Sharon Robertson, Loron Stowers, Seab Lee, Michael Saldana, by and through Rosario Saldana, his mother and next friend; et al., Plaintiffs-Appellants, 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, et al., Defendants-Appellees.

No. 79-3794.

United States Court of Appeals, Ninth Circuit.

Argued Aug. 10, 1981. Submitted June 30, 1982. Decided Dec. 20, 1982.

John G. Balentine, Southern Ariz. Legal Aid, Tucson, Ariz., for plaintiffs-appellants.

Gordon Goodnow, Jr., Phoenix, Ariz., for defendants-appellees.

Appeal from the United States District Court for the District of Arizona, William P. Copple, Judge.

Before SKELTON, * Senior Judge, KILKENNY and REINHARDT, Circuit Judges.

1

The matter is remanded to the district court for reconsideration in light of White v. New Hampshire Department of Employment, 455 U.S. 445 , 102 S.Ct. 1162 , 71 L.Ed.2d 325 (1982). The district court may, if it deems it advisable, conduct further proceedings to supplement the record.

KILKENNY, Circuit Judge, specially concurring:

2

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 ----, 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.

* Honorable Byron G. Skelton, Senior Judge, U.S. Court of Claims, sitting by designation