GOFF v. MENKE

Nos. 81-2041, 81-2109.

672 F.2d 702 (1982)

George GOFF, Appellee, v. Jim MENKE; David Scurr; Don Ashinbrener; Don Menke; and John Ossians, Appellants. George GOFF, Appellant, v. Jim MENKE; David Scurr; Don Ashinbrener; Don Menke; and John Ossians, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 18, 1982.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen. of Iowa, John G. Black, Sp. Asst. Atty. Gen., Craig S. Brenneise, Asst. Atty. Gen., Des Moines, Iowa, for appellants.

Paul H. Rosenberg, Rosenberg & Margulies, Des Moines, Iowa, for appellee.

Before LAY, Chief Judge, STEPHENSON, Circuit Judge, and GIBSON, District Judge.


LAY, Chief Judge.

The security director at the Iowa State Penitentiary, Jim Menke, appeals from the order of the district court, the Honorable Donald E. O'Brien presiding, granting relief to George Goff, an inmate at the penitentiary. Because Goff is a member of a class whose suit was both filed prior to his individual action and involves the issue raised in this action, we vacate and remand his claim for equitable relief to the district court with instructions to...

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