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FRATUS v. DELAND

No. 94-4194.

49 F.3d 673 (1995)

David James FRATUS, Plaintiff-Appellant, v. Gary W. DELAND, individually; O. Lane McCotter, individually; L.E. Hines, individually; R. Spencer Robinson, individually; M. Eldon Barnes, individually; and Scott Carver, individually and pursuant to their respective capacity as an employee of the Utah Department of Corrections during the time of the allegations made herein, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 7, 1995.

Attorney(s) appearing for the Case

David Fratus, pro se.

Before SEYMOUR, Chief Judge, MCKAY, and HENRY, Circuit Judges.

SEYMOUR, Chief Judge.

David Fratus filed this pro se action under 42 U.S.C. § 1983, alleging that the Utah State Prison (USP) violated his Eighth Amendment and Fourteenth Amendment rights by overcharging him for damage he caused to windows and a television. Mr. Fratus also alleges that the issuance of a restitution order at a hearing where he was not present and at a time when he was mentally incompetent violated his due process rights. Upon the magistrate's...

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