Tibbetts v. Kulongoski

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CECIL TIBBETTS and DAVID  THURBER, Plaintiffs-Appellees, v. THEODORE KULONGOSKI, individually and in his official No. 07-36067 capacity, Defendant-Appellant,  D.C. No. CV-06-00503-ALH and OPINION STATE ACCIDENT INSURANCE FUND CORP., an Oregon corporation; BRENDA ROCKLIN, individually and in her official capacity, Defendants.  Appeal from the United States District Court for the District of Oregon Ancer L. Haggerty, District Judge, Presiding Argued and Submitted March 4, 2009—Portland, Oregon Filed May 29, 2009 Before:…