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BYRD v. VITEK

No. 82-1425.

689 F.2d 770 (1982)

James BYRD, Individually and on behalf of all others similarly situated, Appellants, v. Joseph VITEK, Robert Parratt, and Albert Nance, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 1, 1982.

Attorney(s) appearing for the Case

Marti, Dalton, Bruckner, O'Gara & Keating, P. C., Gary J. Nedved, Lincoln, Neb., for appellants.

Paul L. Douglas, Atty. Gen., J. Kirk Brown, Asst. Atty. Gen., Lincoln, Neb., for Joseph Vitek, et al., appellees.

Before ARNOLD, Circuit Judge, STEPHENSON, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

PER CURIAM.

Plaintiff James Byrd, an inmate at the Nebraska State Penitentiary (NSP), brought this class action under 42 U.S.C. § 1983 for declaratory and injunctive relief against the administrators of the Prison. Plaintiff claimed that the lack of work opportunities available to NSP inmates violated the Eighth Amendment's prohibition of cruel and unusual punishment, made applicable to the states by the Fourteenth Amendment...

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