WEILER v. PURKETT

No. 96-1022.

137 F.3d 1047 (1998)

Clyde WEILER, Appellee, v. James PURKETT; Leah Embly, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 2, 1998.


Attorney(s) appearing for the Case

John R. Munich, St. Louis, MO, argued (Jeremiah W. (Jay) Nixon, Gretchen E. Rowan, and Paul M. Rauschenbach, on the brief), for appellants.

Gary E. Wiseman, St. Louis, MO, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, HEANEY, McMILLIAN, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges, en banc.


BEAM, Circuit Judge.

In this six-year-old section 1983 lawsuit, Clyde Weiler asserts that the defendants, prison officials at the Farmington, Missouri Correctional Facility, violated his constitutional rights when they refused to deliver a package to him that did not conform to prison regulations. A panel of this court affirmed the district court's denial of summary judgment based on qualified immunity. Our decision to grant...

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