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CANELL v. BEYERS

CV No. 93-728-PA.

840 F.Supp. 1378 (1993)

Alvin Howard CANELL, Plaintiff, v. Oregon Department of Corrections Transport Officer BEYERS; Preston Beebe, Clackamas County Deputy Rowlands; Clackamas County in official and individual capacities, Defendants.

United States District Court, D. Oregon.

December 7, 1993.

Attorney(s) appearing for the Case

Alvin H. Canell, pro se.

Theodore R. Kulongoski, Atty. Gen., Jan Peter Londahl, Asst. Atty. Gen., Dept. of Justice, Salem, OR, for defendants Beyer and Beebe.

Miles A. Ward, Asst. County Counsel, Oregon City, OR, for Clackamas County defendants.

OPINION

PANNER, District Judge.

Plaintiff Alvin Canell brings this 42 U.S.C. § 1983 action against defendants Mitchell Beyers, Preston Beebe, Deputy Rowlands, and Clackamas County. Defendants move to dismiss or for summary judgment on grounds of qualified immunity. Plaintiff cross-moves for summary judgment. I deny all three motions.

BACKGROUND

Plaintiff was incarcerated at the Oregon Corrections Intake Center ("OCIC"), which is jointly...

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