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KELSEY v. EWING

No. 80-2144.

652 F.2d 4 (1981)

Dwight W. KELSEY, Appellant, v. Dr. EWING, individually and as well as in his official capacity as physician for the Department of Corrections, Stillwater State Prison, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 24, 1981.

Attorney(s) appearing for the Case

Dwight W. Kelsey, pro se.

Ward, Gray & Oehler, Ltd., and Robert S. Abdalian, Rochester, Minn. (argued), for appellant.

Warren R. Spannaus, Atty. Gen., State of Minnesota, St. Paul, Minn., David L. Valentini, Sp. Asst. Atty. Gen., St. Paul, Minn. (argued), for appellee.

Before HEANEY and BRIGHT, Circuit Judges, and OREN HARRIS, Senior District Judge.

HEANEY, Circuit Judge.

Appellant Dwight W. Kelsey, an inmate at the Minnesota Correctional Facility at Stillwater, appeals from the December 2, 1980, order of the district court dismissing his claim brought under 42 U.S.C. § 1983. We reverse.

Kelsey's complaint, filed pro se on July 18, 1980, sought injunctive, declaratory and monetary relief for violations of his constitutional rights in the medical treatment...

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