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ALVAREZ v. STATE, DEPT. OF CORRECTIONS

No. 80CA1073.

638 P.2d 804 (1981)

Thomas ALVAREZ, Plaintiff-Appellant, v. STATE of Colorado, DEPARTMENT OF CORRECTIONS, James G. Ricketts, Executive Director, Department of Corrections, William Wilson, Superintendent of Canon Correctional Facility, Donald Evans, Superintendent of Fremont Correctional Facility, Administrative Adjustment Board of Fremont Correctional Facility and Appeals Committee of Fremont Correctional Facility, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearings Denied September 17, 1981.

Certiorari Denied December 14, 1981.

Attorney(s) appearing for the Case

James A. Dubee, Littleton, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Robert M. Petrusak, Asst. Atty. Gen., Denver, for defendants-appellees.

TURSI, Judge.

Plaintiff, Thomas Alvarez, appeals a judgment of the district court dismissing his complaint seeking reversal of his prison disciplinary determination by the Department of Corrections Administrative Adjustment Board. We affirm in part and reverse in part.

In July 1979, Alvarez was an inmate housed in the medium security portion of the Canon City correctional facility. On July 10, 1979, his cell was searched...

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