No. 78-1333.

587 F.2d 389 (1978)

Patrick J. McCLAIN, Plaintiff-Appellant, v. Thomas BROWN, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 17, 1978.

Attorney(s) appearing for the Case

Patrick J. McClain, filed brief pro se.

Richard C. Turner, Atty. Gen., Gary D. Woodward, Sp. Asst. Atty. Gen., and Fred M. Haskins, Asst. Atty. Gen., Des Moines, Iowa, filed brief, for appellee.

Before LAY, BRIGHT and ROSS, Circuit Judges.


Patrick J. McClain brought this civil rights suit for damages under 42 U.S.C. § 1983 against Magistrate Thomas Brown of the Eighth Judicial District of Iowa. He alleged that, after being subpoenaed as a witness for the prosecution in his brother's trial on misdemeanor charges, he refused to answer a question he felt was self-incriminating and invoked the fifth amendment. Magistrate Brown adjudged McClain in contempt of court and ordered him incarcerated...

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