Kevin Murphy v. Robert Shaw

Ninth Circuit

Kevin Murphy v. Robert Shaw

253 F.3d 1151, 2001 Daily Journal DAR 5936, 2001 Cal. Daily Op. Serv. 4830, 2001 U.S. App. LEXIS 12388

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 12, 2001

Docket97-35989

StatusPublished

This text of 253 F.3d 1151 (Kevin Murphy v. Robert Shaw) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kevin Murphy v. Robert Shaw, 253 F.3d 1151, 2001 Daily Journal DAR 5936, 2001 Cal. Daily Op. Serv. 4830, 2001 U.S. App. LEXIS 12388 (9th Cir. 2001).

Pincite

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

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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