ARCHER v. PREISSER

No. 83-1335.

723 F.2d 639 (1983)

Carol ARCHER, as natural guardian of Tara and Patrick Ruschmann, the minor children of the deceased Gary Ray Ruschmann, Appellant, Lanette Tackett, as administratrix of the deceased's estate, v. Individually, and in official capacities w/Iowa Men's Penitentiary at Fort Madison; Victor PREISSER, Commissioner, Iowa Dept. of Social Services; Harry Woods, Director, Iowa Division of Adult Corrections; Jack Baughman, Warden; Paul Hedgepeth, Deputy Warden; James Menke, Head of Security; Dennis Babcock, Counselor; Leo Shipe, Cellhouse Captain; Mohammed Irfan, Psychologist; Maurice Mecley, Physician's Assistance; Dr. Orland Daumy, Supervising Physician, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1983.


Attorney(s) appearing for the Case

Philip Mears, Richard Zimmermann, Mears, Zimmermann & Mears, Iowa City, Iowa, Paul Rosene, Sioux City, Iowa, for appellant.

Thomas J. Miller, Atty. Gen. of Iowa, Gordon E. Allen, Sp. Asst. Atty. Gen., Mark Hunacek, Asst. Atty. Gen., Des Moines, Iowa, for appellees.

Before ROSS, McMILLIAN and BOWMAN, Circuit Judges.


PER CURIAM.

Carol Archer as guardian of two minor children appeals from an order entered in the District Court1 for the Southern District of Iowa dismissing her as a plaintiff in a civil rights action, brought under 42 U.S.C. § 1983 (1976), based on the death of the children's father allegedly caused by a violation of the father's constitutional rights. The district court held that appellant lacked standing. Archer v. Preisser...

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