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GUNDERSON v. HVASS

No. 02-3617.

339 F.3d 639 (2003)

Brian GUNDERSON, Appellant, v. Sheryl Ramstad HVASS, individually and as the Commissioner for the Minnesota Department of Corrections, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2003.

Attorney(s) appearing for the Case

Bradford W. Colbert, argued, St. Paul, MN, for appellant.

Kari J. Ferguson, argued, Assistant Attorney General, St. Paul, MN, for appellee.

Before BOWMAN, BEAM, and BYE, Circuit Judges.

BYE, Circuit Judge.

Brian Gunderson appeals the district court's1 grant of summary judgment dismissing his 42 U.S.C. § 1983 claim against the Commissioner for the Minnesota Department of Corrections. We affirm.

I

On March 31, 1998, Mr. Gunderson gave a ride home to a woman he met in a bar. Two days later, Gunderson was charged with first degree criminal sexual conduct in violation of Minn.Stat. § 609.342, subd...

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