Kevin Murphy v. Robert Shaw
Kevin Murphy v. Robert Shaw, Unit Sergeant Larry Bearley, Hearings Officer Michael Mahoney, Bureau Warden Myron Beeson, Bureau Warden and Richard S. Day, Director, Department of Corrections
Opinion
253 F.3d 1151 (9th Cir. 2001)
KEVIN MURPHY, Plaintiff-Appellant, v. ROBERT SHAW, Unit Sergeant; LARRY BEARLEY, Hearings Officer; MICHAEL MAHONEY, Bureau Warden; MYRON BEESON, Bureau Warden; and RICHARD S. DAY, Director, Department of Corrections, Defendants-Appellees.
No. 97-35989
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Filed June 12, 2001
On Remand from the United States Supreme Court, D.C. No. CV-95-00062-CCL
Before: Betty B. Fletcher, Stephen Reinhardt, and Sidney R. Thomas, Circuit Judges.
ORDER 1
We remand to the district court to determine in light of the opinion in Shaw v. Murphy, 99-1613, April 18, 2001, whether the prison regulations -- particularly the rules forbidding insolence and interference with due process hearings -- as applied to Murphy in this case are "reasonably related to legitimate penological interests" Turner v. Saffley, 482 U.S. 78, 79 (1987), or are vague and overbroad as applied to him.
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