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MILLER v. VITEK

No. CV75-L-172.

437 F.Supp. 569 (1977)

Charles MILLER, Plaintiff, and William George Foote, William McKinley Hines, and Larry D. Jones, Plaintiffs-Intervenors, v. Joseph VITEK, Individually and as Director of the Department of Corrections, Robert Parratt, Individually and as Warden of the Nebraska Penal Complex, Jack Cleavinger, Individually and as Director of the Department of Public Institutions, Klaus Hartmann, M. D., Individually and as Superintendent of the Lincoln Regional Center, Benjamin Coates, Individually and as head of the Security Building, Lincoln Regional Center, Defendants.

United States District Court, D. Nebraska.

September 12, 1977.

Attorney(s) appearing for the Case

Thomas A. Wurtz, Lincoln, Neb., for plaintiff and plaintiffs-intervenors.

Mel Kammerlohr, Asst. Atty. Gen., Lincoln, Neb., for defendants.

Before LAY, Circuit Judge, URBOM, Chief Judge, and DENNEY, District Judge.

URBOM, Chief Judge.

Four1 men who have been transferred involuntarily from the Nebraska Penal and Correctional Complex to the Security Unit of the Lincoln Regional Center because of claimed mental disease or defect challenge the constitutionality of the state statute under which they were transferred.

The action is brought pursuant to 42 U.S.C. § 1983 and jurisdiction is granted by 28 U.S.C. §§ 1343(3) and (4), as...

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