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HARTSFIELD v. NICHOLS

No. 06-3450.

511 F.3d 826 (2008)

Napoleon HARTSFIELD, Appellant, v. Deborah NICHOLS; Ken Burger, Warden at Iowa State Penitentiary; Ronald G. Welder, Executive Officer at Iowa State Penitentiary; Travis Lozano, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 8, 2008.

Attorney(s) appearing for the Case

Donna R. Miller, argued, Des Moines, IA, Nicholas J. Mauro, on the brief, Des Moines, IA, for Appellant.

Kristin W. Ensign, Assistant Attorney General, argued, Des Moines, IA, for Appellee.

Before RILEY, MELLOY, and COLLOTON, Circuit Judges.

RILEY, Circuit Judge.

In a prior retaliation action, Napoleon Hartsfield (Hartsfield), a prisoner in the Iowa State Penitentiary, successfully obtained a court order compelling the Iowa Department of Correction (IDC) not to destroy some of his legal papers, and to provide him access to the materials. Immediately after Hartsfield obtained this order, IDC correctional officers Deborah Nichols (Officer Nichols) and Travis Lozano (Officer Lozano) submitted separate disciplinary...

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