WINFREY v. BREWER

No. 76-1939.

570 F.2d 761 (1978)

Robert WINFREY and Glenn McGhee, Appellants, v. Lou BREWER, Warden, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 15, 1978.


Attorney(s) appearing for the Case

John M. Thompson, Iowa City, Iowa, argued, and Roosevelt Freeman, Student Legal Intern, on brief, for appellants.

Bruce W. Foudree, Asst. Atty. Gen., Des Moines, Iowa, argued, and Richard C. Turner, Atty. Gen., and Stephen C. Robinson, Sp. Asst. Atty. Gen., Des Moines, Iowa, on brief, for appellees.

Before ROSS, STEPHENSON and WEBSTER, Circuit Judges.


ROSS, Circuit Judge.

Appellants Robert Winfrey and Glenn McGhee, two inmates of the Iowa State Penitentiary, brought this action against various prison officials under the provisions of 42 U.S.C. § 1983, alleging violations of their constitutional rights in connection with certain prison disciplinary procedures. Treating a motion to dismiss filed by the defendants as a motion for summary judgment, the district court dismissed the complaint. Because the trial...

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